Dispute resolution in international public procurement
DOI:
https://doi.org/10.14409/redoeda.v8i2.10650Keywords:
investment, government procurement, indicative law, dispute resolution, arbitration, contract awardAbstract
A dispute settlement clause within a public contract, grants legal certainty for compliance or enforcement under the agreed conditions and terms. Within the international scope of government procurement, arbitration has been intensified in line with article 17 of the Political Constitution of the United Mexican States to resolve conflicts involving state entities, including productive enterprises of the state, as well as in the laws in the matter. The objective of this article is to define the coverage and scope of an arbitration agreement, how and when such a clause is agreed and mainly if it is based on a contract, an internal law, or an international treaty.
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