The first part of the study afternoon will be dedicated to the examination of public contracts concerning insurance services, which in practice present various legal challenges. In this context, the role and remuneration of insurance intermediaries (the so-called brokers) are particularly relevant, both from the perspective of cost-effectiveness for the contracting authority and for the structuring of the tender. The session will explore the conditions for correctly setting up the procedure, with an overview of the different ways of tendering insurance policies, particularly regarding the definition of eligibility and award criteria, the structuring of lots, and the verification of compliance of the offers with the requirements set out in the call for tenders. The analysis will be complemented by a review of recent case law, which provides useful guidance for the application of public procurement rules in the insurance sector.

This will be followed by an in-depth discussion of the competitive direct awarding procedure, a highly topical issue given its frequent use in public procurement in the Canton of Ticino. Based on the case law of the Cantonal Administrative Court (TRAM), the conditions for the application of this particular awarding method will be examined, with the aim of providing practical guidance for its proper implementation. The analysis will be relevant for contracting authorities and their legal advisers, as well as for procedure organizers and bidders, with particular attention to the material conditions that justify the use of such procedure. Although it falls within the framework of direct awarding and is therefore characterized by less formal rigor compared to other procedures, the competitive direct awarding procedure is nevertheless subject to strict requirements.

Last but not least, the final part will be devoted to the analysis of procedural aspects in the field of public procurement, both at cantonal and federal level, with particular attention to those issues that in practice prove most problematic. In particular, active standing, time limits for appeal, issues related to suspensive effect, the confidentiality and examination of documents, and the scope of judicial review will be discussed—also through practical insights—while taking into account the procedural specificities of the Ticino system as compared to the federal one.

Programme and speakers
The particularities of public contracts for insurance services
Massimo Nicora
Attorney-at-law, LL.M., Co-Owner Wuthier & Nicora Law Firm SA (Ascona)

The competitive direct awarding procedure
Daniele Graber
Lic. iur., dipl. ing. HTL, VIALEX AG Law Firm (Zurich)

Appeal procedures at cantonal and federal level: practical considerations
Romina Biaggi-Albrici
Attorney-at-law, FSA Certified Specialist in Construction and Real Estate Law, Partner Mattei & Partners Law Firm SA (Bellinzona)

Fee
CHF 350.–
CHF 300.– for members of partner organizations

Registration
https://bit.ly/seminario-19-11-2025

Registration deadline
Monday, 17 November 2025