The Arbitrability of Administrative Contracts

Abstract

An administrative contract is subject to a legal regime, the essence of which is the consensual nature of the contract combined with the proper functioning of public service. The absence of this feature from the consideration of arbitral tribunals, especially in investment disputes, was the basis of a theoretical gap from which a legal trend affirming a contrast between the nature of administrative contracts and the arbitration system emerged. A legitimate question arises as to whether the recent attention given by arbitration tribunals to this issue, especially in investment disputes, might allow scholars to overcome their differences regarding the arbitrability of administrative contracts.