Alternative Dispute Resolution in Public Procurement Contracts - Administrative Law Boundaries

Abstract

The article discuss the developments in the field of alternative dispute resolution in construction contracts. The area attracting the attention is the debate over the use of alternative or statutory dispute resolutions in construction contracts. This article explores the new legal grounds of arbitration in the Romanian administrative construction contract. Because of the lack of quantitative data the research methodology was based on the qualitative ones and we reviewed the literature on construction contracts, the Romanian legal framework and the Constitutional Court Decisions, and the good practices in the field of alternative dispute resolution mechanisms. Finally, by taking into account the barriers of the Romanian administrative and legal systems we discuss the insufficiencies of using arbitration in administrative contracts. This paper first provides an overview of dispute-resolution methods that can be used within public construction contracts. Then reviews the possibility to use arbitration method in administrative contracts. In the end, the paper summarizes and concludes with a direction for further research and development.