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How Courts and Tribunals Approach Their Roles in the International Procurement System

SW1.18 (Somerset House East Wing) Strand Campus
05/03/2018 (12:00-16:45)
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Colloquium on Trade in Government Procurement: How Courts and Tribunals approach their Role in the International Procurement System

Centre of European Law, The Dickson Poon School of Law, King’s College, London


Moderators: Professor Chris Yukins (George Washington University); Michael Bowsher QC (Visiting Professor, King’s College, London)


Timetable for the day

12:00 Lunch for Participants

12:30 Introduction to Bid Challenge Systems

How should Bid Protest Disputes be resolved

The Context: Chris Yukins

What is a reviewable error? And what is the point of a bid protest?

What remedies should be available?

US Perspectives

Judge Horn - Court of Federal Claims: History, Approach to Bid Protest Decisions and Appellate Review

Ralph White - Government Accountability Office: History, Approaches to Bid Protest Decisions; What is GAO trying to achieve?

European Courts and Tribunals

Katja Høegh - Chair, Østre Landsret, Copenhagen

Marc Steiner - Administrative Judge, Swiss Federal Administrative Court, Basel

Sir Peter Fraser – High Court Judge, Technology and Construction Court

1:45 Challenges for Parties and Professionals in the Process – Do the Systems Work? How could they be improved?

Should the bid challenger have to pay to play? Costs orders, bonds and other obstacles to bringing a challenge

What do bidders really want?

Do bid protests help open up International Trade? Or help improve Procurement Standards?

What is the future of cross border Bid Challenges?

Paul Khoury - Wiley Rein, Washington DC

Vera Eiro – Linklaters, Lisbon

Hans-Joachim Priess, Blomstein, Berlin

Jane Jenkins, Freshfields Bruckhaus Deringer, London

3:00 Break

3:15 Reviewing Other Courts’ Decisions

Judge Vajda, European Court of Justice

AN Other, Consiglio di Stato, Rome

Helena Rosén Andersson, Justice of Supreme Administrative Court, Stockholm

What are the challenges for judges on dealing with Bid Protests?

How do Appellate Tribunals see Public Procurement Disputes?

Are Appellate Tribunals able to take account of policy concerns, or trade goals?

4:00 Closing Roundtable

4:45 Drinks reception

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