فعالية الطرق البديلة في تسوية منازعات العقود الإدارية : التظلم و التحكيم إنموذجا

Abstract EN

The study seeks to shed light on the effectiveness of non judicial methods in settling administrative contract disputes since two main methods were chosen.

The first (administrative grievance) and its role in resolving controversial issues between the parties to the administrative contract at its inception and before its development and direction the judicial way in addition to that method (arbitration) as it is one of the oldest methods that was used to settle all commercial, financial and administrative issues and the extent of effectiveness that it enjoys in resolving administrative contract disputes, and the research has reached a number of results as follows:- 1-Taking the (administrative grievance) path with the aim of settling administrative contract disputes, although it is considered the easiest and fastest way for the second party, is considered to have limited effectiveness since the administration, which is the first party, is the arbiter and the opponent at the same time.

2- The effectiveness of the (arbitration) method, as it is one of the alternative methods in settling administrative contract disputes, as it is mainly based on the freedom of the parties to the conflict to resort to.

And the speed of the settlement despite its need for more regulation and regulation and its coverage of broader issues.

3- The Iraqi legislature did not regulate the method of (arbitration) in a manner.

Independent in special legislation, as it is an important non-judicial means aimed at settling administrative contract disputes in an easier and faster way and relieves the burden on the shoulders of the specialized judiciary.