This collection of essays on the reform of public procurement law and policy honours the contribution of Sue Arrowsmith as the leading scholar in the field.
The book is divided into 3 main parts – on the UK, the EU, and the world –
and focuses on central reform themes that have characterised the evolution of public procurement law and policy in the past decades. These include sustainability, complex contracts, review and remedies, electronic procurement, and defence procurement, as well as topics such as debarment, the overall development of EU procurement reform, the very nature of procurement law, or the regulation of UK procurement law after Brexit. The book also covers the dynamic reform process of the EU Procurement Directives and case law, the UNCITRAL Model Law on Procurement, the WTO Government Procurement Agreement, and national systems including the US, China, Africa, and the UK.
The chapters are written by experts in specific topics of procurement reform from Africa, Asia, the Americas, and Europe with backgrounds in academia, legal practice, and international organisations.
The reader is provided with a diverse set of insights into the objectives, approaches, priorities, and future direction of public procurement reform.
1. Introduction: Sue Arrowsmith - The Champion of the Procurement Reform, Annamaria La Chimia (University of Nottingham, UK) and Martin Trybus (University of Birmingham, UK) Part I: National Influence: United Kingdom Public Procurement Law 2. Social Value in the United Kingdom – Still a 'Secondary' Consideration? Rebecca Rees (Trowers & Hamlins LLP) 3. Regulating Complex Procurement in the United Kingdom: A Case Study in Policy Failure and Learning? Richard Craven (University of Sheffield, UK) 4. The Reform of the UK Procurement Remedies System: Unfinished Business, Totis Kotsonis (Pinsent Masons LLP, UK) 5. E-Procurement and Procurement Transparency, Roger Bickerstaff (Bird & Bird, UK) 6. Defence Procurement Regulation in the United Kingdom: A Silent Soldier in the March for Procurement Reformt, Luke RA Butler (University of Nottingham, UK) Part II: European Union Public Procurement Law 7. Reforms of EU Public Procurement Law: A Long Road to Heaven? Laurence Gormley (College of Europe, Belgium) 8. Never Secondary, Forever Horizontal: The Promises of Sustainable Public Procurement, Roberto Caranta (University of Turin, Italy) 9. Arrowsmith and the Balanced Review System under EU Procurement Law, Mari Ann Simovart (University of Tartu, Estonia) 10. Exclusion and Debarment under EU Procurement Law: Of Cats and Lions, Peter Trepte (University of Nottingham, UK) 11. The Blind Leading the Blind: The Need for Further Reform of Defence and Security Procurement in the European Union, Baudouin Heuninckx (Belgian Armed Forces) Part III: International Public Procurement Law 12. Globalising Procurement Law and Policy: The Early Period, John Linarelli (University of Pittsburgh, USA) 13. The WTO Agreement on Government Procurement as a Multipurpose Trade Instrument: A Vision for the Future, Robert D Anderson (University of Nottingham, UK) 14. Discrimination in Government Procurement: Delimiting Multilateral and Plurilateral National Treatment Obligations, Arwel Davies (University of Swansea, UK) 15. Sue Arrowsmith and the Reform of the UNCITRAL Model Law on Public Procurement: An Appreciation, Christopher Yukins (George Washington University, USA) and Caroline Nicholas (UNCITRAL, Austria) 16. The UNCITRAL Model Law and Procurement Regulation in Africa, Geo Quinot (University of Stellenbosch, South Africa) 17. 20 Years of Public Procurement in China: Lessons and the Way Forward, Ping Wang (Changchun University of Science and Technology, China)
Annamaria La Chimia is Professor of Law and Development and Director of the Public Procurement Research Group, University of Nottingham, UK. Martin Trybus is Professor of European Law and Policy and Director of the Institute of European Law at the University of Birmingham, UK.
