Arbitration in Public Law: Administrative and Fiscal Disputes (Coimbra Editora, 2010)




How can we reduce the current congestion and the endemic delays in state courts, so that tax and administrative justice can be expediently delivered to citizens, businesses and the state itself? What is the potential, and what are the risks, of resorting to modern systems of alternative dispute resolution, commonly known as ADR (arbitration, mediation, and other forms), to solve the growing number of disputes in the domain of public law? What can the experience accumulated by the Centre for Administrative Arbitration (CAAD) tell us about the question of arbitrability, and more specifically about the benefits and the limitations of arbitration as a means of resolving administrative law disputes? What conclusions can be drawn from that experience to the announced expansion of arbitration into the area of tax law? How is this current greater openness to arbitration going to shape, if not redefine, the judicial branch of government, and the relationship between state and citizens?

These are all questions to which there are few answers at the moment. The contributors to this volume - justices, jurists, arbitrators, mediators, and academics - have no common position, advocating or opposing the expansion of arbitration into the hitherto arbitration-resistant domain of public law. Each tackles the question of public law arbitration from a different angle, offering important insights on the future of our justice system.