Article

Waiting for Leviathan: A Note on Modern Wo'Er Trading Co Ltd v Ministry of Finance of the People's Republic of China

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Abstract

This article analyzes a Chinese bid protest that has taken nearly seven years to adjudicate, yet as of this writing, no institution of the Chinese state has evaluated the substance of the protester’s bid challenge. Instead, the supplier’s complaint has been snared in a grey area between two of China’s multiple bid protest systems, burdening the supplier to push China’s administrative state to respond. The saga of Modern Wo’Er Trading Company Ltd. v The Ministry of Finance of the People’s Republic of China raises compelling questions about the relationship of China’s 1999 Tender and Bidding Law and China’s 2002 Government Procurement Law, the nature of administrative power in China, and the ability of Chinese public procurement law to offer justice to aggrieved suppliers. This material was first published by Sweet and Maxwell Ltd. in Public Procurement Law Review, Vol. 22, No. 3, March 2013, NA 47- and is reproduced by agreement with the Publishers.

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