Alternative forms of dispute resolution in public procurement and public-private partnerships in Slovenia
Pleterski Puharič, Rok
Izvleček: Public procurement and public-private partnerships are part of the state economic policy that implements statutory objectives and are also one of the forms of cooperation between the public ...and private sector. The private sector can contribute its knowledge, experience, goods and services and above all its financial resources. The state enters into legal relations with private sector based on various contracts and even in contractual relations between the public and private sector there are often conflicts that can be dealt with through different approaches. The most common approach is to settle disputes in courts, however other approaches such as arbitration, which is merely one of the means of alternative dispute resolution are possible. The article analyses the legislation of the Republic of Slovenia in the field of public procurement and public-private partnerships in relation to arbitration as a quick and effective way of resolving disputes. Generally, the Republic of Slovenia has arbitration friendly regulations, after 2008, when new arbitration law was adopted and the grounds for arbitrability of disputes widened even further. It is true however, that promoting arbitration as a part of alternative dispute resolution is still insufficient. Particularly, in the field of expensive, demanding and complex public works contracts concluded in the Republic of Slovenia, it would be reasonable to introduce arbitration as a primary method of dispute resolution, as it is faster, confidential, more economical and often more professional in comparison with judicial settlement of disputes since arbitrators can also be the best (domestic or foreign) legal experts from different legal fields. Lastly, arbitration also provides greater legal certainty.
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