The conflict resolution procedure outlined in the regulations applies exclusively to the mediation of disputes arising from public work contracts, or the supply of goods or services contracts that are funded or co-funded by European funds, in which, during their execution, disputes arise that, due to their significance, may jeopardize contractual deadlines or lead to the loss of funds.
The resort to an extrajudicial conciliation attempt prior to initiating arbitration is set forth in law no. 43/2024, dated December 2, which amended law no. 30/2021, dated May 21, which approved special public procurement measures.
The recently published regulation appoints IMPIC as the mediating entity for the conflict, with the conflict resolution procedure being presided over by its president or a qualified institute member designated by the president.
The request for a conciliation attempt must be made in writing and jointly signed by the parties involved, with the document sent to the email address of the mediating entity (co*********@***ic.pt) or, in certain cases, by registered mail.
Once the request for an extrajudicial conciliation attempt is correctly submitted, IMPIC will conduct a preliminary assessment within 10 days, extendable by an equal period whenever additional information is requested from the parties concerning the conflict’s subject matter.
The key phases of the procedure—which lasts a maximum of 30 days, extendable by another 90 days by IMPIC if additional information is requested from the parties—involve a pre-conciliation session, a conciliation session, and reaching either a partial, total, or non-agreement, which may coincide on the same date or be held on different dates.
The period may also be extended for a longer timeframe by the express agreement of the parties involved.
The regulation further stipulates that the procedure will be concluded under any of the following conditions: achieving an agreement between the parties; withdrawal by any of the parties; a reasoned decision by the mediating entity; inability to reach an agreement; or surpassing the maximum resolution period, including extensions.
If an agreement is reached, it is enforceable without the need for judicial approval.
