التحكيم في منازعات العقود الإدارية : موقف المشرع و القضاء السوداني

Abstract EN

The study of the administrative contracts makes a lot of conflicts between the state and the other individuals ; problems of highest difficulties which are found because of the distinction and un equality in the legal states of the parties of these contracts ; and that the area of the administration is represented by a public person of law, that has exceptional features of power which is not found except in the person who carries out this contract.

The arbitration is considered a basic tool for solving the litigations of such contracts as a substitution for the state be judged by another state judiciary.

The practical situations makes it certain that the role played by the arbitration in such contracts is of more risk than in other contracts ; and due to this there happened to be several international agreements that organize the arbitration in the administrative contracts litigation.

The national legislators depends up on it as a vehicle it or setting administrative contracts litigation.

The Sudanese legislator does not refer directly to the arbitration of the administrative contracts ; though (act 3) in the arbitration law of (2005), refers to this relying up on the general rule which means that the general is taken as so except there is specifying, and also, there is no reviewing if the act is plain.

In addition to this, we find that the judicial rules of Sudan tend to accept the rout of the arbitration in the administrative contracts, as it shows that, the contracts in which the state is a part, is not liable to be of the administrative courts concern but it is to be of the civil court concern, because it is conflicts of financial nature related to the judiciary of rights, the matter that means the permission of settlement and arbitration is thereof.