Abstract

This article aims to delimit which matters are susceptible of arbitration in disputes with public entities, considering the Brazilian legal system. At the outset, the criteria proposed by the literature, for the interpretation of the legal parameter, are critically analyzed. Then, a formula is proposed to operationalize the one that seems most appropriate. At this point, it addresses the powers of the arbitrators to appraise previous inarbitrable questions necessary for the composition of the patrimonial and disposable conflicts submitted to them by the parties. Arbitration; Public Administration; arbitrability; objective arbitrability; patrimonial and disposable rights.

Talk to us

Join us for a 30 min session where you can share your feedback and ask us any queries you have

Schedule a call

Disclaimer: All third-party content on this website/platform is and will remain the property of their respective owners and is provided on "as is" basis without any warranties, express or implied. Use of third-party content does not indicate any affiliation, sponsorship with or endorsement by them. Any references to third-party content is to identify the corresponding services and shall be considered fair use under The CopyrightLaw.