New Guidelines for Arbitration and Mediation in Domestic Public Procurement

Posted On - 12 July, 2024 • White & Brief

We are delighted to share an insightful document issued by the Ministry of Finance, Department of Expenditure, outlining the latest Guidelines for .

:

: A comprehensive overview aimed at improving dispute resolution mechanisms in public procurement.

: Speed, efficiency, and inclusion of technical expertise are among the benefits, ensuring swift and informed decisions.

: Unique challenges due to multiple levels of scrutiny and the need for accountability to Parliament.

: Addressing issues like long durations, high costs, and the potential for Supreme Court interference.

: Emphasizing the benefits and successful models within government entities under the Mediation Act, 2023.

: Strategies such as restricting arbitration in large contracts, preferring institutional arbitration, and encouraging amicable settlements.

: Adoption of mediation, formation of High-Level Committees for high-value matters, and processes for negotiation.

: Authority requirements, relevance of Section 49 of the Mediation Act, 2023, and application flexibility.

: Summarizing key points and encouraging efficient, fair, and accountable processes across government ministries and entities.

Let’s work together to promote pragmatic and fair decision-making in public procurement.

To delve into the specifics, please review the information provided in the following link :
https://www.linkedin.com/feed/update/urn:li:activity:7209094641441251328

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