Settlement of international administrative contract disputes through arbitration.

Document Type : Original Article

Author

Faculty of Law - Mansoura University

Abstract

Administrative contracts are among the most important contracts concluded by the state because they focus on implementing major and significant projects, including the investment of natural resources such as oil, gas, and minerals, as well as contracts for the construction of airports, infrastructure, and build-operate-transfer (BOT) agreements. The subject of resorting to arbitration as a means of resolving disputes in international administrative contracts is a modern topic that various legislations have begun to give significant attention to; arbitration is no longer limited to disputes arising from civil and international commercial contracts, but its scope has expanded to include administrative disputes, in which the state or one of the public legal entities is a party acting as a public authority. Legislation and jurisprudence have disagreed on the possibility of resolving international administrative disputes through arbitration. Additionally, the lack of legislative regulation for arbitration in international administrative contracts itself poses a challenge, especially given the involvement of a foreign private party in these contracts.

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