التحكيم في المنازعات الناشئة عن عقود الإدارة مع أشخاص القانون الخاص

Abstract EN

Administrative arbitration is a procedure related an administrative dispute where one party is an administrative contact acts as a public authority and it is related to an administrative contract, so we find that the clauses of the administrative arbitration are an administrative contract where one party is a public authority.

We find that most countries of different legal systems have adopted arbitration in general and administrative arbitration in particular and that where it is considered as an important tool for adjudication of disputes arising from administrative contracts with private law, the task of arbitration is assigned to members have nothing to do with judiciary and who are called (arbitrators) being chosen by the parties of the conflict.

The administrative arbitration is distinguished from other similar systems in the fact that it ends with an effective arbitrary decision that is not subject to the control of any other authority while we find that reconciliation is a contract where a potential conflict between two parties is resolved where each party waives of part of his claim so that the reconciliation is done a contractual action whereas arbitration is resolved by a judicial action.