مدى قابلية تسوية منازعات العقود الإدارية عن طريق التحكيم وأثار اللجوء إليه: دراسة مقارنة

الملخص EN

JEL: K12, K33, K49.

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Arbitrability means the extent to which a dispute can be settled by arbitration.

It is noted that the keenness of foreign investor institutions to adhere to the condition of resorting to this method of settling disputes aims to exclude the application of the rules of national law applied by the competent national judge.

On this basis, the substantive rules that apply to the dispute are mostly the rules of international commercial norms and the regulations of centers and agencies.

International arbitration, and accordingly the adjudication will be in accordance with the philosophy of arbitration and its natural methodology as a "conventional" system for the settlement of disputes.

This article has shed light on the areas of implementation of arbitration and the effects of resorting to it in administrative contract disputes.

It concluded that it is necessary to reconsider the formulation of national legal texts, especially those related to arbitration, and the need to prepare national arbitrators, taking into account the reality of competition and the commercial nature of international arbitration institutions.