The arbitrability of the contentious administrative controversy in the field of the state's contractual relations

Eduardo Jequier Lehuedé*

*Corresponding author for this work

Research output: Contribution to journalArticlepeer-review

Abstract

This investigation deals about the arbitration of the contentious administrative confl ict in a broad sense, understood as that litigious controversy about contractual relations in which intervene the individuals on one hand and, for other one, the organs of the public administration in exercise of the legal authorities that the juridical system awards them. This is to elucidate the phenomenon of arbitrability in an area that traditionally has been proscribed to the arbitration as alternative mechanism of confl icts solution, but has been gradually yielding ground to the arbitral institute without it means, in any way, a violation of the public exclusive legal powers of the administration.

Translated title of the contributionThe arbitrability of the contentious administrative controversy in the field of the state's contractual relations
Original languageSpanish
Pages (from-to)159-182
Number of pages24
JournalRevista Chilena de Derecho
Volume40
Issue number1
DOIs
StatePublished - Apr 2013
Externally publishedYes

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