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United Nations Commission on International Trade Law: Model Law on Procurement of Goods and Construction

Published online by Cambridge University Press:  27 February 2017

Abstract

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Type
Legislation and Regulations
Copyright
Copyright © American Society of International Law 1994

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References

* [The text of the Model Law, at 33 I.L.M. 456 (1994), is reproduced from Report of the United Nations Commission on International Trade Law on the work of its twenty-sixth session, 5-23 July 1993 (United Nations: General Assembly, Official Records, Forty-eighth Session, Supplement No. 17, A/48/17), Annex I, pp. 67-95. The Introductory Note is reproduced from Guide to Enactment of UNCITRAL Model Law on Procurement of Goods and Construction, the “Introduction” and “Main Features of the Model Law” (the sections preceding the “Article-by Article Remarks”), UNCITRAL Document A/CN.9/393 of December 1, 1993, pp. 4-12. [The UN General Assembly approved the Report of the United Nations Commission on International Trade Law on the work of its twenty-sixth session and the Model Law on Procurement of Goods and Construction by Resolution 48/33, adopted on December 9, 1993, without a vote. The operative paragraphs of the Resolution indicate that the General Assembly: “1. Takes note with satisfaction of the completion and adoption by the Commission of the Model Law on Procurement of Goods and Construction together with the Guide to Enactment of the Model Law; 2. Recommends that, in view of the desirability of improvement and uniformity of the laws of procurement, States give favourable consideration to the Model Law when they enact or revise their procurement laws. Recommends also that all efforts be made to ensure that the Model Law together with the Guide to Enactment become generally known and available.”]

* States enacting the Model Law may wish to incorporate the articles on review without change or with only such minimal changes as are necessary to meet particular important needs.However, because of constitutional or other considerations, States might not, to one degree or another, see fit to incorporate those articles.In such cases, the articles on review may be used to measure the adequacy of existing review procedures.

* States where hierarchical administrative review of administrative actions, decisions and procedures is not a feature of the legal system may omit article 44 and provide only for judicial review (article 47).

** Optional language is presented in order to accommodate those States where review bodies do not have the power to grant the remedies listed below but can make recommendations.