النظام العام و أثره على مدى توافق حكم التحكيم مع الأسس العامة للعقود الإدارية

الملخص EN

Resorting to arbitration to settle contractual disputes is a recognized issue in our time due to the advantages enjoyed by the legal system of arbitration, With the development of the state’s role and its transfer from the guardian state to the intervening state, it was made a party to international trade contracts, investment contracts and contracts for the exploitation of natural resources, Of course, foreign parties contracting with the state stipulate the settlement of disputes through resorting to arbitration to complete the contract.

However, administrative contracts have their own character, whereby the contracting administrative authority is at a higher rank than the contracting party and has powers that do not exist in private law, Also, administrative contracts are related to the rules of administrative law, all of which are considered public order rules that cannot be violated or transgressed.

Therefore, we have a problem related to the conflict of resorting to arbitration with the legal system of administrative contracts and how to reconcile them.

Therefore, the researcher will clarify the effect of the public order on the arbitration award along with the general foundations of administrative contracts, as this research is divided into two requirements: one of which we talk about the general foundations of administrative contracts, and the second we talk about the extent to which resorting to arbitration conflicts with the legal system of administrative contracts and the proposed solutions.