إجراءات التحكيم في العقود الإدارية : دراسة مقارنة بين الشريعة والقانون في الإمارات والتشريعات العربية
The researcher expects to demonstrate the historical development of arbitration, its legal nature, and its fields of application through this study. Clarifying the nature of arbitration in the context of administrative contract disputes, as well as clarifying and distinguishing the administrative c...
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| Summary: | The researcher expects to demonstrate the historical development of arbitration, its legal nature, and its fields of application through this study. Clarifying the nature of arbitration in the context of administrative contract disputes, as well as clarifying and distinguishing the administrative contract from private law contracts. In order for the researcher to be able to remove any ambiguity regarding arbitration in the administrative contract. The study also seeks to ascertain the position of jurisprudence and the administrative judiciary on the use of arbitration in the context of administrative contract disputes. In addition to explaining and clarifying the position of UAE legislation and comparative legislation on administrative contract arbitration and its relationship to the legality principle. And clarifying arbitration procedures in administrative contract disputes involving state sovereignty and public law rules. This is in addition to explaining and clarifying the impact of arbitration procedures on the administrative contract's characteristics and legal nature. The researcher used the comparative approach in conjunction with the descriptive and analytical approaches. To address the study's problem, what are the symptoms that may appear during the arbitral process in administrative cases? What effect do these symptoms have on the
arbitration process? The researcher arrived at a number of conclusions, the most important of which are: The Egyptian, Jordanian, Libyan, and Emirati legislators approved the use of arbitration in contractual administrative disputes, but the Egyptian legislator has resolved the wide controversy and controversy surrounding the possibility of using arbitration in this field. The study also revealed that one of the legal effects of arbitration in administrative contract disputes is that it removes the contractual administrative disputes, the subject of the arbitration agreement, and its location from the scope and legal framework specified for it under the laws governing the conduct of administrative contract dispute procedures before competent arbitration institutions. The researcher suggests that an independent legislation be enacted that arranges, evaluates, and organizes the arbitration procedure and its process in administrative contract disputes. Provided, however, that consideration is given to excluding the personal or individual formation and relying on the arbitral tribunal's collective composition. Also, as some national legislation has done, there is a need to add some articles that pertain to all procedures in general, procedures for responding to arbitrators, and procedures followed by the arbitral tribunal to settle disputes or conflicts |
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