What is an Arbitration Tribunal?
An arbitration tribunal is a private court deciding disputes outside state jurisdiction. In public procurement law, arbitration clauses are limited.
Restrictions in Procurement
For disputes about the procurement procedure itself, arbitration tribunals are not competent — procurement chambers and OLG senates have mandatory jurisdiction. For contract execution disputes, arbitration clauses may be agreed.
Advantages and Disadvantages
Faster decisions but higher costs, confidential but less transparent, specialized arbitrators but no appeal, internationally enforceable but limited reviewability.
Practical Tip
Arbitration clauses in public contracts should be carefully reviewed. For procurement law disputes, the path through procurement chambers and OLG remains mandatory.