Handbook Benefits and Opportunities Eriks Mezalis Andrei Rogac

Handbook - Benefits and Opportunities Eriks Mezalis, Andrei Rogac EBRD UNCITRAL Initiative 17 February 2021

Few facts about the Handbook. . . Key Judicial Skills and Competences – a Handbook for Members of Procurement Review Tribunals Developed in 2015 Based on the conclusion that review tribunal members often need support to fulfill their functions Handbook in English, Russian and Ukrainian languages is available on the EBRD website. Adapted (localized) for Moldova, Ukraine and Tunisia. Adaption for Georgia is underway Available in electronic version, easily updatable 2

Who can benefit from the Handbook? The Handbook can serve as a Members of practical support tool in their review tribunals daily working activities Students, academics, NGO’s and wider public The Handbook can suport academic research and provide information on how review bodies work 3

Four pillars of the Handbook Details of review process and its conduct Advice in writing the decisions Managing conflicts of interest National (localized) content and country examples

Next steps for the Handbook Attuning the Handbook with Uncitral ML on Public Providing gap assessment Procurement + UN Addressing the gaps Convention against Corruption Supplying the Handbook to fully fit the digital age Online complaint submission Online case processing Case management system Online hearings 5

Review Aspects Covered by the Handbook 21 December 2021 6

1 PROCEDURAL FAIRNESS AND ORAL HEARINGS MANAGING CONFLICTS OF INTEREST • Description of the concept • Rights that it covers • Types of conflicts of interest • Types of private interest • How to manage conflicts of interest 7

2 • Role and nature of evidence • Types of evidence • Obtaining, disclosing and admitting the DEALING WITH evidence EVIDENCE • Burden of proof • • PROTECTING • CONFIDENTIAL • INFORMATION Definition and understanding Examples Access to confidential information Information security 8

3 AVAILABLE REMEDIES EXERCISING THE DISCRETION • • • Interim measures Standstill period Set-aside Contractual inefectiveness Damages • • Definition of the concept How to apply discretion Steps for exercising discretion Discretion in practical situations 9

4 WRITING DECISIONS COUNTRY RELATED CONTENT • Approach to decision writing • How should a decision be structured? • Style and revision • • References to applicable laws Description of procurement review system National review body Description of review process 10

THANK YOU FOR YOUR ATTENTION! Eriks Mezalis, International Procurement Consultant (eriks@ppi-ebrd-uncitral. com), +371 26368079 Andrei Rogac, International Procurement Consultant, (andrei@ppi-ebrd-uncitral. com), +373 68 106611 21 December 2021 11