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  • #45 Can You Actually Enforce an Arbitration Win Against a Government?

    #45 Can You Actually Enforce an Arbitration Win Against a Government?
    2026/10/19
    In this Bestek aperitif episode, Dr Marta Andhov continues a discussion from the PurpLE Project Conference panel “Arbitration in Public Contracts” (Copenhagen, June 2026) by focusing on whether arbitral awards in public contract disputes can actually be enforced against contracting authorities. She distinguishes between winning an arbitration and getting paid, and features panel insights from Cesar Pareira (President, Chartered Institute of Arbitrators, São Paulo), Roxana Vornicu (Senior Lecturer, King’s College London; Sîrbu and Vornicu Law, Romania), and Nicholas Jobidon (Professor of Public Law, Université du Québec). The episode explains that arbitration’s authority stems from party agreement but its legal effect comes from state law (often like a court judgment); that courts remain essential for coercive enforcement; and that enforcement is generally recognised though subject to procedural challenges. It also highlights arbitration’s speed and international enforceability under the 1958 New York Convention, while warning arbitration can become a “trap” if governments lack political will to comply.
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    10 分
  • #44 Should Public Contracts Even Be Allowed to Go to Arbitration?

    #44 Should Public Contracts Even Be Allowed to Go to Arbitration?
    2026/10/06
    In this solo “aperitif” episode of Bestek, Marta Andhov shares highlights from the closing panel on arbitration in public contracts at the PurpLE Conference on Public Procurement and Contracts in Copenhagen, chaired by Peter Trepte (University of Nottingham), supported by the Dreyers Foundation and funded by the Carlsberg Foundation. The episode focuses on the threshold question of whether public contract disputes should be allowed to go to arbitration, given its implications for cost, speed, expertise, and the tension between confidentiality and transparency. Roxana Vornicu (King’s College London; Sîrbu and Vornicu Law, Romania) argues that arbitration fits internationalised construction supply chains and that confidentiality can align with protections already found in procurement law. Cesar Pareira (Chartered Institute of Arbitrators, São Paulo) emphasises efficiency and fairness, and later stresses that transparency in state contract arbitration is essential for public scrutiny and trust. Nicholas Jobidon (Université du Québec) warns against removing judicial review and notes that arbitration is useful but not for every case. Miguel Assis Raimundo (University of Lisbon) compares France, Spain, and Portugal and suggests that stronger institutional architecture can address many of the fears around arbitration. Marta closes by drawing the threads together, concluding that the panel offers no flat yes or no, and that the answer comes down to conditions, not a verdict.
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    11 分
  • #43 AI, Sustainable Public Procurement & Law Clinics

    #43 AI, Sustainable Public Procurement & Law Clinics
    2025/11/27
    In this episode, Marta and Willem explore how artificial intelligence could support more sustainable public procurement practices— and the risks that come with it. The conversation builds on Marta’s co-authored recent open-access article, “Leveraging AI for Sustainable Public Procurement: Opportunities and Challenges.” They begin by outlining the motivation and context for the research, before examining where AI could add value in procurement processes. This includes...
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    46 分
  • #42 The Irado Case and the Activities Criterion & Fostering a Classroom Community

    #42 The Irado Case and the Activities Criterion & Fostering a Classroom Community
    2025/10/23
    In this episode, Marta and Willem discuss the hot topic of the ongoing Irado case and the impacts it is set to have on the world of European Public Procurement Law. How to calculate the activities criterion in article 12 Directive 2014/24/EU? They begin the episode with a short chat about their recent conferences, before moving to a brief introduction to the case and the related unclarities in the Article 12 Directive 2014/24/EU on how the activities criterion is to be calculated. Namely, Willem explains how, from the text alone, it is unclear whether the activities criterion should be based on the entity you contract with, or the holding structure in which it provides its services and how this could have significant ramifications on the applicability of the exemption. They then proceed to talk about the opinion of Advocate General Rantos and express their own perspectives on the matter. They discuss whether the procurement practices in certain countries were legitimate interpretations or circumventions of the directive. Lastly, in the dessert, they switch gears and reflect on strategies that help them foster a good and productive community in the classroom.
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    46 分
  • #41 Sustainability Clauses in Public Contracting & Advice for First-Year PhD Students

    #41 Sustainability Clauses in Public Contracting & Advice for First-Year PhD Students
    2025/04/17
    In this episode, Marta and Willem invite a long-time listener and supporter of the Bestek podcast and a postdoctoral fellow at PurpLE, Ezgi Uysal, to discuss her research on the topic of sustainability contractual clauses (SCCs) in public procurement contracts. The podcast begins with Ezgi briefly explaining what the SCCs are and what makes them unique, before quickly diving into a discussion about the contractualization of sustainability in public procurement. The speakers then examine different types of SCCs as well as challenges concerning enforcement. They discuss the potential consequences of the failure of contracting authorities to enforce said obligations. Additionally, the speakers argue in favour of the need for improvements in contract management to deliver sustainable public procurement and communication between the contract-drafting and contract-managing teams and discuss whether these problems could be solved by a legislative intervention. For dessert, Ezgi reflects on her PhD experience and provides some heartfelt advice for the first-year PhD students and beyond.
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    51 分
  • #40 Reform of Public Procurement Directives & New Ways of Examining

    #40 Reform of Public Procurement Directives & New Ways of Examining
    2025/03/27
    In this episode, Associate Professor Marta Andhov and Professor Willem Janssen discuss a particularly exciting topic - the upcoming reform of the EU’s Public Procurement Directives. They begin by describing the reform’s timeline and discussing how it is being affected by the current geopolitical setting. In their discussion, they assess the focal points of the reform, as described by reports of Enrico Letta and Mario Draghi. The speakers then provide their personal opinions, perceptions, and concerns while discussing their key takes from the two reports. These include, among others: the calls for simplification, flexibilization, and a more strategic and inward-looking approach to the European public procurement, the concerns around the enduring low competition, and the lack of focus on green and social aspects of procurement. For dessert, the speakers once again discuss academics, focusing on alternative ways of examination. They evaluate their own experiences with the less typical ways of testing to provide their opinion of how and why they should be used.
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    51 分
  • #39 Circularity and Procurement & Procurement Awards

    #39 Circularity and Procurement & Procurement Awards
    2025/01/23
    In this episode, Associate Professor Marta Andhov and Professor Willem Janssen discuss circularity, and how it relates to public procurement. The hosts begin by introducing the concept of circularity, its promises as well as some points of skepticism. They also explain the concept of the R scale - a useful tool in determining the circularity of an economy. They then move on to the legal aspects and ask how public procurement could be used to encourage circularity and what are the main challenges and uncertainties behind circular public procurement. Willem also introduces his project CIRCLASH. Finally, for today’s dessert section, Marta and Willem talk about procurement awards. They discuss the added value of these events, describe their hopes and perspectives, and also provide the listeners with several procurement-related law competitions that could be interesting for students, practitioners, and academics alike.
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    50 分
  • #38 When Contracts Collide Public Procurement and Contract Law Context & Pop Culture

    #38 When Contracts Collide Public Procurement and Contract Law Context & Pop Culture
    2024/12/11
    In this episode, Associate Professor Marta Andhov and Professor Willem Janssen discuss the intersection of public procurement and contract law. The topic of the research project PurpLE (Purchase Power – Sustainable Public Procurement Through Private Law Enforcement) led by Marta. This episode provides an introduction to an upcoming series of episodes that will dive deeper into its individual aspects. The hosts provide a general overview of how public procurement contracts are perceived across the EU within its many Member States, differentiating between the two models of approach - the administrative approach present in, for example, France or Spain, and the more civil commercial one presented in the Netherlands, Poland, Germany, and across Scandinavian Countries. They outline the need to differentiate two phases; the pre-contractual and post-contractual, as legal frameworks differentiate between them. Marta & Willem briefly introduce what type of practical and relevant issues arise in each of the mentioned phases, for example, the possibility of culpa in contrahendo, the issues of interpretation, and termination to name a few. Finally, for dessert, they switch gears and talk about the instances where public procurement appeared in the entertaining world of pop culture. How the pop culture references can be used and what should be your new movie, or series to watch if you want to combine your passion for procurement with some entertainment?
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    47 分