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?
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
3:15 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