Making arbitration compatible with the public law legal regime

Making arbitration compatible with the public law legal regime

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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 ...