Comitê de resolução de disputas (dispute board) nos contratos de concessões firmados pelo Estado de Minas Gerais

Abstract

The Dispute Board is an alternative method of resolving conflicts, commonly used in long-term agreements with high technical or operational complexity and/or high costs, in which a committee is appointed, made up of impartial specialists, who monitor the execution of the contract and propose solutions, binding or not, to resolve any existing conflicts. This study assesses the different forms of the institute, which can be review, adjudicatory or mixed, presenting its origin and concept. When analysing the Brazilian experience with the Dispute Board, doctrinal and jurisprudential understandings on the institute are presented, as well as the specific laws of the federated entities. In the context of the state of Minas Gerais, the provisions on the method in concession contracts were evaluated.