Tender disputes move to the internet. Remote hearings before the KIO
New regulations allowing remote participation in hearings before the National Appeals Chamber in Poland take effect on March 13.
Starting March 13, new regulations will enable remote participation in hearings before Poland's National Appeals Chamber (KIO), a change anticipated by both contractors and procurers who previously had to travel to Warsaw for brief hearings. This shift not only saves time and costs for participants from various regions of the country but also aligns with trends toward digitalization in administrative procedures. The regulatory change comes as part of last year's amendment to the deregulation act, which aims to streamline processes and improve efficiency within public procurement.
The decision to hold remote hearings will be at the discretion of the KIO President, who will assess each case to determine if virtual hearings are feasible. This introduces an element of flexibility but also uncertainty regarding the handling of cases, especially when multiple parties or complex appeals are involved. If deemed impractical, cases will continue to be handled traditionally, requiring physical presence. This provision gives the judiciary discretion based on the technological capabilities and specific circumstances of each case.
Overall, the introduction of remote hearings in the KIO is a significant step toward modernizing the Polish public procurement system, reflecting broader trends in legal digitization. It addresses long-standing logistical challenges faced by participants and is expected to enhance access to justice in procurement disputes, making the process more inclusive and less burdensome for all involved.