الخلاف القانونى حول اللجوء للتحكيم في ﻣﻧﺎزﻋﺎت اﻟﻌﻘود اﻹدارﻳﺔ بدولة الإمارات العربية المتحدة

الملخص EN

This research aims to study the arbitration in administrative contract disputes in the UAE as an alternative means of resolving disputes, especially after the issuance of the arbitration law No.

6 of 2018.

It explores the different opinions of arbitration in internal and international administrative contract disputes, both the traditional opinion that prohibits resorting to arbitration in disputes of administrative contracts and the modern opinion adopted by the majority of countries, even those which have a dual judicial system such as France with respect to approved the exceptions and Egypt in the stages of 1994, 1996.

As for the United Arab Emirates, the law was unclear as to whether or not arbitration in administrative contract disputes could arise regarding internal (institutional) arbitration, unlike international arbitration.

The articles on this subject were analyzed in Law 6 of 2018 and some other ministerial decisions, the most important of which are the Council of Ministers Resolution No.

32 of 2014, amended by Decision No.

4 of 2019, on the Procurement Regulations and Warehouse Management in the Federal Government.

This is added to Law 22 of 2015 on the organization of the partnership contract between the public and private bottom in the Emirate of Dubai.

To conclude, in many States the legislator has authorized the arbitration of administrative contract disputes of an international character, and that this is within the scope and scope of the text without further application, whether by interpretation or measurement, it is an exception that cannot be measured, as well as restricted.

The arbitration shall be issued by a higher administrative authority than the party within the arbitration framework, which may be by the Council of Ministers or by the competent minister.

Finally, arbitration in administrative disputes remains of a special nature, which needs to be balanced and researched on how to legislate so that the arbitrator issues an arbitration that protects both public and private interests.