The arbitrability of the administrative act in the new CPTA

Bárbara Magalhães Bravo / Maria João Mimoso

Keywords

arbitration; arbitrability; administrative act; arbitrator.

Abstract

With the recent amendment of the CPTA (Code of Procedure in Administrative Courts), it became necessary to scalping about the arbitrability of the administrative act.

To this end we spoke up about the arbitrability criteria in general in order to define the contours of the problem in the headquarters of the legal and administrative matters, maxime administrative act.

Arrivals to the conclusion that none of the criteria to suit this branch of law, it was up to the legislator casuistically set arbitrable matters.

Before the new regime has set itself a critical analysis on the ratio of the consecration of arbitrability of the legality of administrative acts and expressed subtracting the competence of arbitral tribunals of issues relating to convenience, opportunity and merits of the administrative act.