ABSTRACT: The article addresses the use of arbitration by the Public Administration. It initially seeks to raise and clarify basic arbitrability issues by interpreting the section 1 of the Law 9.307/1996, and by looking into other legal aspects, including constitutional issues related to the subject. After this first approach, the article refers to arbitration characteristics, whenever it is validly used to solve conflicts derived from administrative contracts. At this point, the article reflects upon some arbitral tools, such as confidentiality, equity, flexibility to choose the procedure's language and seat.
Revista Brasileira de Arbitragem