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Will FinTech Cause a Reconsideration of the Administrative and International Law Governing Public Procurement?

Bryane Michael


Keywords: public procurement, financial technology, FinTech

Regulators should not just leave FinTech rulemaking up to financial regulators. Contracting authorities should not just develop or use their own selected FinTech applications willy-nilly. They should contribute to overall changes in a procurement law -which extend far beyond simple supervisory or regulatory technologies (RegTech/SupTech). Governments should get serious about the Agreement on Government Procurement and similar treaties - by creating a new authority to help develop the law needed to put FinTech-enabled procurement platforms in place. China’s own world-leading FinTech and cross-border public procurements do not always contribute to a global level playing field. Any FinTech applications facilitating public procurement should thus encourage compliance with the procurement law legal principles the international community has developed over decades.
Keywords: public procurement, financial technology, FinTech

Dr Bryane Michael, FRSA, FCIArb, FCIPS, FRGS, AICP, CIA, CISA, Fellow of the Royal Society for the Encouragement of Arts, Manufactures and Commerce (FRSA), Fellow of the Chartered Institute of Arbitration (FCIArb), Fellow Chartered Member of the Chartered Institute of Procurement and Supply (FCIPS), Fellow of the Royal Geographical Society (FRGS), Certified Urban Planner, American Institute of Certified Planners (AICP), Certified Internal Auditor (CIA), Certified Information Systems Auditor (CISA). For correspondence: <>. Conflict of interest disclaimer: I have received no extra personal benefits from this research, either pecuniary or otherwise. Data availability statement: No data to disclose


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