Objective: Reconciling Arbitration in contracts concluded by the administration according to two perspectives: first, is conceived to arbitration as an alternative dispute resolution mechanism and, second, they appear in the picture state contracts as tools and forms of state action. Thus, the study intended to show that these two figures are not exclusive and, conversely, are configured as complementary institutions whose use is necessary. Methodology: The study is conducted through analysis of Jurisprudence and aims to meet the procedural arbitration in the field of state contracts, determining the possibility of submitting the settlement of disputes arising in this area individuals vested with the power to administer justice as are indeed the referees. Results: the 1991 Constitution authorizes the Arbitration. In contracts with the State may include an arbitration clause authorizing resolve any dispute through arbitration. This clause can be included at any time. Conclusions: It is possible to go to arbitration in contracts with the state and it is available for various procedures.