التحكيم في العقود الإدارية الدولية : المشروعية، القانون الواجب التطبيق : دراسة مقارنة

الملخص EN

The UAE seeks to achieve economic development through attracting more foreign capital into its developed sectors.

This has been enshrined in both the Federal Arbitration Law and the 2018 Investment Law.

However, investors are keen to include in the investment contract a special clause regarding permissibility of international arbitration.

This is a study on some controversial legal aspects of resorting to arbitration in disputes concerning administrative contracts with an international dimension.

Moreover, public works contracts, concession contracts, and partnership contracts between the public and private sectors are among the most essential administrative contracts, and it is necessary to take into account the privacy of these contracts, and provides the administration an exceptional powers.

Moreover, the government’s concession and permission to include international arbitration clause, and the omission of the provision on the law applicable to administrative contracts, entails granting the arbitrator the power to determine the law most relevant to the contract, and this may lead to the application of a foreign law that does not differ between the administrative contract and the international commercial contract.

The issue arises that the UAE legislator relied on arbitration rules in general, without any consideration to the rules governing administrative arbitration.

In resorting to a positive key solution, there must be a way to find an independent legal reform to regulate arbitration in administrative contracts, in order to strike a balance and explicitly invoke a clause regarding the applicability of the UAE law.