Is there a place for arbitration in disputes arising from administrative contracts

Vukadinović Marković, Jelena (2024) Is there a place for arbitration in disputes arising from administrative contracts. In: Law on General Administrative Procedure: Contemporary Tendencies and Challenges : Thematic Collection. Eurosfera & Partners; Institute of Comparative Law ; Faculty of Management and Law, Belgrade; Ljubljana, pp. 165-179. ISBN 978-86-82582-23-6 (ICL)

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Abstract

The paper seeks to analyse arbitrability of disputes in administrative contracts with special reference to disputes arising from the contracts on public-private partnership, concessions and public procurements. The first part of the paper aims to de- fine general notion of arbitrability, the focus being on determining the subjective and objective arbitrability of disputes. The second part of the paper deals with the issue of admissibility of arbitration as a means of settling disputes in administrative contracts. Based on an interpretation of normative solutions and arbitration and court practice, a proposal is made to recognise arbitrability in this type of disputes as well.

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