التحكيم في منازعات عقد الشراكة بين القطاعين العام و الخاص : دراسة مقارنة

Abstract EN

The position of the partnership laws and the extent to which they refer to arbitration as one of the mechanisms for resolving disputes between the two parties; The partnership contract is a new system of contracts through partnership and commercial and administrative cooperation between its two parties in its implementation, as the private partner undertakes the provision of goods and services subject to the partnership projects, and enables the public sector through it to provide various services, goods and investment projects in a specific period of time in exchange for money that it provides to the investor in a periodic manner during the term of the "contract", with the aim of allowing the private sector to enhance its role in commercial and economic activity away from the concept of privatization, and without resorting to the state budget.

The partnership contract includes various obligations and contracts, the realization of which requires the participation of both parties and the occurrence of disputes between them, which necessitates their settlement by arbitration for speedy resolution.

The study was divided into three sections which covered the nature of the partnership contract between the public and private sectors and its parties, then its types, and legal nature, in addition to arbitration in partnership contract disputes.

The study concluded that the partnership contract does not involve the transfer of ownership of the project to the private sector at the end of its term.