دور التحكيم في مجال العقود الإدارية في العراق

الملخص EN

Judiciary is the primary means of settling disputes that arise between individuals and establishing justice between members of society.

However, due to long duration, the accumulation of cases at the courts, and the slow pace of procedures, all of this prompted the search for another way to resolve those disputes at the least possible time so that the legal centers can stabilize between the disputants.

Hence, comes the role of the arbitration system as an ideal and easy way to resolve such disputes, which is an exception from the original, which is judiciary, which has the responsibility to settling contract disputes ,(in Iraq, the ordinary judiciary deals with this).

Therefore, arbitration has become a necessary requirement in developing countries that are looking to strengthen their national economy, especially if its national capital is unable to meet their basic needs.

However, this raised the ire of judiciary in comparative countries that refused to resort to arbitration in administrative contracts under the pretext that this affects the sovereignty of the state, requiring some conditions and excluding some contracts, as in France and Egypt.

In Iraq, the legislator allowed resorting to arbitration in disputes, regardless of the nature of the contract.

This was mentioned in special articles and under the supervision of the ordinary judiciary.

Accordingly, and in response to the economic conditions in the country and what is required to encourage investment as well as attract foreign companies and funds in order to strengthen the economy, absorb unemployment, and employ the hands, the Iraqi legislator issued the Investment Law No.

13 of 2006, indicating the possibility of the conflicting parties to resort to internal and international arbitration, especially since international companies fear the internal judiciary on the one hand, and the protection of their capital on the other hand