Facts
An award ordered foreclosure on municipal property securing a private company’s debt. The lower courts authorised enforcement.
Holding and outcome
The Supreme Court found disguised privatisation bypassing mandatory safeguards. It reversed and itself refused the writ, relying on non-arbitrability and public policy.
Limits of the holding
This is not a ban on all arbitration involving public owners or real estate. The particular arrangement and evasion of mandatory safeguards were decisive.
Sources and legal references
Supreme Court, 27 December 2017, 310-ES17-12469Copy from a legal database
General information. The applicable legal framework depends on the particular dispute, seat and enforcement country.