Abstract

The article identifies current practical issues and threats related to the admissibility of an arbitration agreement in public procurement matters. The general arbitration regime does not currently align with the specifics of public procurement and may undermine public interest. There are currently no specific regulations concerning arbitrability, arbitration agreements, the grounds for arbitration court rulings or the possibility of Polish state courts reviewing arbitration awards in the area of public procurement. In order to formulate potential legislative proposals, the arbitration court practice in matters involving public procurement was analysed and the approach of selected European countries toward arbitration in public procurement was verified. This leads to the conclusion that the Polish legislator should consider limiting arbitrability in public procurement, introducing the obligation to resolve disputes based on Polish law and to publish selected arbitration court rulings. Additionally, there should be a prohibition on executing the award before its enforceability has been confirmed and broadening the grounds for appealing arbitration awards to include violations of Polish law.