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UK Procurement Law
Procurement law has become a key area of professional practice in the United Kingdom as authorities and utilities are held to account to a complex web of legislative rules, judicial principles and 'soft law'. The contributors to this book, members of Monckton Chambers, have extensive day-to-day experience in this field dealing both with the operation of the procurement process and the regulatory and judicial routes for challenging procurement procedures. The book covers the current state of law and practice in the field of procurement law. Particular focus is placed on the procedural content of procurement law challenges and separate focus is given to the position in Scotland and Northern Ir...
Tale of Three Regulatory Regimes -- Dynamic, Distracted and Dysfunctional
It was the best of times, it was the worst of times -- a year marked by genuine progress in public procurement law in some nations, and partial paralysis in others. This article presents the experience of Sweden (as part of the European Union), the United Kingdom (which is slated soon to depart from the EU, via “Brexit”), and the United States (in the first year of the Trump administration). While Sweden and other members of the European Union continue to develop a vital and evolving body of public procurement law, the United Kingdom has been distracted by Brexit, and the United States made, in 2017, almost no regulatory progress at all -- though stasis itself yielded some interesting insights. This piece proceeds in three parts, prepared primarily by Andrea Sundstrand (Part II, on Sweden and the European Union), Michael Bowsher (Part III, on the United Kingdom) and Christopher Yukins (Introduction, Part IV on the United States, and Conclusion).
International Procurement Developments in 2022
This piece reviews the past year's developments in international public procurement in several parts, including: (I) the United Kingdom's first steps in developing a post-Brexit procurement law (in a part prepared by Michael Bowsher KC, visiting professor at King's College, London and a barrister at Monckton Chambers); (II) potentially protectionist measures by the European Union (by Pascal Friton, partner at the BLOMSTEIN law firm in Berlin) through the International Procurement Instrument (IPI), the Foreign Subsidies Regulation (FSR), application of the General Data Protection Regulation (GDPR), and measures being taken in response to Russia's invasion of Ukraine, such as trade sanctions a...
Tendering for Construction Contracts
This latest addition to the Construction Law Library provides practical advice to construction practitioners involved in disputes regarding tenders for a construction or plant contract under English law. It also discusses some of the issues to be considered when tendering for international contracts. Where relevant, comparison is made, in a separate concluding section to each chapter, to international practice and any other relevant matters of comparison with civil law or other common law procedures.
The Aqua Group Guide to Procurement, Tendering and Contract Administration
This key text for the building team is an authoritative guide and gives a detailed account of the team's roles and responsibilities, with best industry practice required to ensure that building projects meet clients' expectations on time, cost and quality. The second edition of The Aqua Group Guide to Procurement, Tendering and Contract Administration has been edited, enlarged and updated by a high-profile author team with unparalleled experience of both private and public sectors, as well as of teaching on QS courses. It covers the entire building process from inception to final account and throughout, the emphasis is on current best practice. This edition has new material on the CDM regula...
Buying Defence and Security in Europe
A critical evaluation of the EU Defence and Security Procurement Directive 2009/81/EC in its legal, economic, military, and political context.
Combatting Corruption and Collusion in Public Procurement
'Corruption' in public procurement typically involves procurement decisions taken in favour of preferred bidders in exchange for improper compensation (the acceptance of bribes, for example), while supplier collusion refers to a type of cartel activity, in which firms rig their bids in a tendering process. Although these practices are distinct, they frequently occur together in the public procurement context, reinforcing one another. Combatting Corruption and Collusion in Public Procurement: A Challenge for Governments Worldwide examines the causes of corruption and collusion in the public procurement sphere, its resulting harm, and how states can best try to combat these practices. This boo...
Dealing with Bribery and Corruption in International Commercial Arbitration
International Arbitration Law Library, Volume 65 International commercial arbitration is by no means free from bribery and corruption. Although a plethora of legal scholarship clearly affirms this contention, a thorough study on the particularly important question of the authority and duty of international commercial arbitrators to investigate a suspicion or indication of bribery or corruption sua sponte ¬– that is, on their own initiative – has been surprisingly lacking. This important book fills this gap, inter alia, by locating sua sponte authority in the position of arbitral tribunals in establishing the facts of a case and ascertaining and applying the applicable normative standard...
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