Dispute resolution in international public procurement

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 Un...

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Detalles Bibliográficos
Autor principal: Cancino Gomez, Rodolfo
Formato: Artículo revista
Lenguaje:Español
Publicado: Universidad Nacional del Litoral 2021
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Acceso en línea:https://bibliotecavirtual.unl.edu.ar/publicaciones/index.php/Redoeda/article/view/10650
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Sumario: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.