The purpose of this paper is to assess whether disputes related to corporate resolutions composed by the vote of a public entity in its capacity of controlling shareholder of a mixed private-public ownership company is subject to arbitration, considering that the public entity may guide the activities of the company to meet the public interest that justified its incorporation. In this way, the public interest will be analyzed vis-à-vis the disposition of the right and the possibility of settling disputes involving public entities through arbitration, as well as objective arbitrability of corporate conflicts. The conclusion is that the disputes involving corporate resolutions formed by the vote of the public entity could be subject to arbitration, even if the vote aimed to meet a primary public interest.
Revista Brasileira de Arbitragem