Overview

By means of a historical-legislative, doctrinal and jurisprudential study, we sought to analyse the compatibility of the use of arbitration in public-private partnership contracts. In the current context, there is a new state stance on administrative contracts, with an emphasis on parity, participation and consensus in relations between the public partner and the private individual. Among the innovations of the public-private partnership law is the possibility of resolving disputes by non-judicial means, in particular the use of arbitration. In addition, there has also been a recent update to the arbitration law, with the inclusion of a provision that expressly authorises the application of arbitration in dealings between the contracting administration and the private contractor. The scope of this study is therefore to analyse the possibility of using arbitration specifically in partnership contracts.

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