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If arbitration is a legal system defined by most of the old and modem legislations alike, this system has evolved and is no longer limited to civil, commercial and international disputes. It has expanded to encompass areas that were recently distant from it, as in administrative disputes. I would like to choose the subject of the role of arbitration in the settlement of administrative disputes of a contractual nature because of its scientific and practical importance. To study the subject of the study, I tried to divide the subject into two sections. The first part deals with the legality of arbitration in disputes of a contractual nature. The second part is devoted to the supervision of the administrative judge on the work of the arbitrators through dealing with the arbitral award and the related appeals and the authority of the administrative judge on the decision of the arbitrators in the disputes of the administrative contracts. Depending on the descriptive approach. At the end of this study, I reached several conclusions and recommendations, the most important of which are: Arbitration in the field of agrarian contracts still knows some obstacles and legal and organizational problems, from restricting the process of resorting to arbitration by judicial supervision, which makes the administration resort to the administrative judiciary in its disputes better than resorting to arbitration As long as the arbitral award has its binding executive form after a decision by the president of the court issued in the jurisdiction of its jurisdiction, which makes the administration resort to arbitration as exceptional as long as it is not obliged to resort to the text of the law, but restricted by resorting to the case The administrative contract contains a condition that the competent authority to resolve the dispute in case of non-compliance of the parties to the contract with the content of the contract is the arbitral tribunal. In addition, the administration still does not have much confidence in arbitration, and does not wish to venture in the public interest protected by the administrative judiciary To the great fear of the negligence of the arbitral tribunal for public benefit, which falls on the shoulders of the state's protection. Which necessitates the intervention of national and legal legislation to give legitimacy to administrative arbitration, the administration's duty to resort to arbitration, especially in the light of contemporary developments and the plethora of cases before the administrative judiciary concerning the disputes of the nodal, in view of the nature and ease of procedures. This will serve to strengthen the alternative means of ending disputes away from the jurisdiction of the state. It is an inevitable aspiration that will have a positive impact on the development of the state and expand the confidence of individuals and organizations in organizing and supporting the field of rights and freedoms which share alternative means of resolving disputes with the judiciary and state courts. The resort to arbitration in the field of contract disputes management desired development and will facilitate the process of attracting investors both internal and external because it is considered to guarantee them and protect their investments from loss.
Birincil Dil | Arapça |
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Konular | Hukuk |
Bölüm | C. 2. S. 3 Araştırma Makaleleri |
Yazarlar | |
Yayımlanma Tarihi | 31 Temmuz 2017 |
Yayımlandığı Sayı | Yıl 2017 Cilt: 2 Sayı: 3 |