Abstract
The India-UAE Comprehensive Economic Partnership Agreement (‘CEPA’) is a landmark in India’s public procurement policy, introducing substantial liberalisation commitments for the first time. Historically insulated from international procurement obligations, India’s previous agreements, such as with Japan, were limited in scope. The CEPA, concluded in 2022, includes Chapter 10, which mandates significant procurement reforms. This article assesses whether the CEPA signifies a transformative change or a minor adjustment. Part II explores the global framework for public procurement under International Economic Law (‘IEL’) and Global Administrative Law (‘GAL’), focusing on the WTO Government Procurement Agreement (‘GPA’) standards. It details GPA’s non-discrimination and coverage provisions, essential for fair international competition. Part III outlines India’s procurement landscape, emphasising its protectionist history and current regulations. Part IV delves into Chapter 10 of the CEPA, analysing India’s negotiation history and the chapter’s specific provisions. The article concludes by evaluating the CEPA’s potential to open India’s procurement market to international competition, enhancing efficiency and aligning with global practices. This agreement could mark the beginning of significant changes in India’s approach to public procurement.
Recommended Citation
Górski, Jędrzej and Bhukya, Kanishka
(2024)
"Opening India to International Competition in Government Procurement Markets: CEPA with UAE a Breakthrough?,"
National Law School of India Review: Vol. 35:
Iss.
1, Article 13.
DOI: 10.55496/LMYA3935
Available at:
https://repository.nls.ac.in/nlsir/vol35/iss1/13
Digital Object Identifier (DOI)
10.55496/LMYA3935
