أثر شرط التحكيم و شروط الثبات على مركز جهة الإدارة في العقد الإداري الدولي

Abstract EN

Within the scope of the traditional theory of administrative contracts, the management body has many powers in the face of the contractor, which we do not find similar in the scope of civil contracts, although many jurists have argued that the use of these powers in the scope of international administrative contracts is not an acknowledgment.

In reality, however, the existence of these powers is inevitable to the extent that is compatible with the nature of this type of contract.

Because saying otherwise deviates the contract from its administrative nature and relegates the position of the administration authority therein to the level of individuals, which threatens the future of the public facility and wastes the public interest, and the management authorities in the international administrative contract are affected by the arbitration clause and the conditions of stability, especially their power to amend the contract and their authority to terminate it by unilateral will.