出版社：Law Department of the Bucharest University of Economic Studies
摘要：The use of voluntary arbitration to resolve disputes emerging from public
procurement is a long-standing reality in Portugal. The Portuguese law allows this way of
settling disputes, with limitations, which have been overcome. Traditionally the resolution
of this type of litigation resorted to ad hoc arbitration, in accordance with the rules of the
Voluntary Arbitration Act, characterized by the free choice of arbitrators, by the lack of
publicity and transparency of their decisions. Since 2009, in Portugal, institutionalized
administrative arbitration has been increased, creating for the purpose arbitration centers
with rules of greater transparency and publicity of its decisions. The recent revision of the
legal regime for public procurement in Portugal, for transposition of European Directives N
º s 2014/23/EU, 2014/24/EU, 2014/25/EU and 2014/55/EU, introduced, in article 476 (2), a
rather innovative regime in this area. This article aims to reflect on the solution now
introduced in the public procurement, its sense, scope and repercussion in the future
evolution of this dispute settlement in conflict with the principles of judicial organization
enshrined in Constitution of the Portuguese Republic.
关键词：administrative arbitration; institutionalized arbitration; public
procurement; administrative law;
