In international arbitration, as in other fields of law, the divide between private and public—commercial arbitration and public international (including investment) arbitration—traditionally has been the generally, if uncritically, accepted belief. When public bodies are involved in commercial contracts, the traditional point of distinction has been whether the state operated jure imperii or jure gestionis. Apart…

A judge of the public law courts of the State of São Paulo concluded that a dispute arising out of a turn-key agreement entered into by a State-owned company and several construction companies for the construction of a new underground line in the city of São Paulo should not have been referred to arbitration. The…