Sai Ramani Garimella, Wasiq Abass Dar

European Procurement & Public Private Partnership Law Review, Volume 19 (2024), Issue 2, Page 119 - 133

Governance is unarguably the largest human enterprise. It involves interactions with diverse stakeholders, including private contractors, for procurements and delivery of public goods and services to the population through the invitation of tenders and bids for auction. Procurement can often lead to disputes given the diverse purposes of such contracts, and the nature of the contracting entities. Disputes arise in three stages: notification, allotment and performance. Private contractors are driven by profit, while the State follows its sovereign and public law obligations. In such high-stakes engagements, effective and efficient dispute resolution is not just desirable but necessary. This paper analyses the legal regime governing public procurement contracts in India, with special emphasis on the relevant dispute resolution mechanisms available. It outlines the existing international law regime on public procurement to suggest arbitration as an effective dispute resolution mechanism. The paper analyses the WTO Model, the UNCITRAL Model Law on Public Procurement, and the EU Law, to reconcile the issues particular to the Indian context, especially those related to dispute resolution. Keywords: dispute resolution; India; UNCITRAL Model Law; arbitration

Mukesh Rawat, K D Raju

European Procurement & Public Private Partnership Law Review, Volume 18 (2023), Issue 3, Page 209 - 220

Government procurement has emerged as a complex and crucial national and international trade policy subject in the contemporary era. The United States of America (US) and the European Union (EU) are recognised as economies with some of the most advanced procurement regimes. Globally, developing countries have struggled to develop robust procurement regulatory frameworks for government procurement. This paper analyses the evolution of procurement in the US and EU and the valuable lessons for developing countries willing to improve their procurement regimes. The findings will be helpful to achieve harmonisation of procurement rules at the international level and to promote efficacy in the procurement process at the domestic level. Keywords: Public Procurement; US; European Union; Developing Countries; India

Mukesh Rawat, KD Raju

European Procurement & Public Private Partnership Law Review, Volume 16 (2021), Issue 2, Page 158 - 171

In the contemporary era, public procurement has become a central pillar of the international economy. The WTO’s Agreement on Public Procurement (GPA) has emerged as a vital tool for harmonising and integrating the global public procurement market. Presently, India is an observer to the GPA, which is a preliminary first step in acceding to the agreement. This article provides an analysis of the regulatory mechanism of public procurement in India. It aims to underline the potential opportunities and legal challenges in the accession to the public procurement agreement. It argues that India should align its procurement policy on the principles of GPA, and accession to it should be a part of its trade policy. Keywords: public procurement; trade law; WTO; Agreement on Government Procurement and Public Policy; India

Sidheshwar Tiwari

European Procurement & Public Private Partnership Law Review, Volume 12 (2017), Issue 2, Page 155 - 176

This article discusses the Public Procurement in India, its legal framework and what role the public procurement can play for promoting innovation. The supply side innovation policies originated in developed countries severely limits its potential to deliver innovations in developing countries. Off late lots of research and implementation has been done in the European Union, UK, China, Brazil on the Public Procurement as demand side of Innovation policy and it is concluded as a potential tool for innovation promotion. India is increasingly becoming a top global innovator for high-tech products and services. Still, the country is underperforming relative to its innovation potential. Implementation of Public Procurement as a Demand side Innovation policy in the European Union, some OECD countries and subsequent result finds a strong ground in the context of India, since (1) the procurement can be shaped to absorb innovation for the government to focus on the significant internal market needs and (2) the public procurement bill introduced in 2012 in upper house of parliament is under discussion for countering the present procurement regime. Keywords: Demand Side; Innovation Policy; India.