القانون واجب التطبيق على المنازعات التحكيمية المتعلقة بالعقود الإدارية

الملخص EN

This research aims to verify the limits of the doctrine of Free Will in determining the applicable law to the administrative contract dispute when it is presented to arbitration bodies.

In addition, the research explores the extent of the applicability of the law chosen by the parties to the dispute, even if it contradicts the rules of Public Order governing administrative contracts.

Moreover, the research aims to study the degree of permissibility to resorting to the arbitration that includes an authorization of reconciliation, The research found that the doctrine of Free Will dominants the Qatari Arbitration Law concerning the law applicable to arbitration disputes connected to the administrative contracts, except for one case: the partnership contracts between the public and the private sector.

While judicial developments in France have concluded that, there is a contradiction between choosing the law by the parties will on the one hand and the rules of Public Order applicable to disputes of administrative contracts on the other.

The research recommended amending the Qatari arbitration law and that the rules of Public Order that related to the administrative contracts to apply to all arbitration disputes related to this type of contracts.

In addition, the research suggested to exclude cases of arbitration with a mandate for reconciliation from the category of arbitration disputes related to administrative contracts.