Abstrakt

The new Public Procurement Law of 11 September 2019 explicitly provides for the possibility of using out-of-court means of resolving disputes arising in connection with public procurement contracts. The purpose of the regulation contained in Articles 591–594 is primarily there to increase the attractiveness of the public procurement market in the eyes of the private sector, by creating an opportunity to benefit from a quick and professional settlement of disputes with contracting authorities. The new regulation may also have the advantage of increasing the effectiveness of public procurement. Mediation and conciliation will be the basic methods of amicably resolving disputes arising in connection with public procurement. Despite the fact that the new regulation does not expressly provide for the use of arbitration, the possibility of using it in disputes arising in connection with contracts in matters of public procurement results from the general regulation of Article 1154 of the CCP. The use of ADR in the practice of public procurement is connected with the need to increase competence and knowledge on the part of the ordering parties, and to guarantee an appropriate level of professionalism of mediators, conciliators and arbitrators.