النظام القانوني للتحكيم الحكومي في التشريع اليمني: دراسة تحليلية

Abstract

This study explores the topic of government arbitration in Yemen as the primary means of settling disputes arising between government entities. It aims to understand the conditions, procedures, and the formation of government arbitration panels responsible for resolving these disputes. Additionally, the study seeks to highlight legislative shortcomings in government arbitration. The research adopts a descriptive and analytical approach, addressing two main sectionsareas: the nature of government arbitration and the procedures involved in government arbitration. Several key findings emerged from the study, including the mandatory nature of government arbitration, determined by arbitration panels appointed by the Minister of Legal Affairs, with delays in the formation of these panels. The study also identified legislative deficiencies, such as the absence of organized procedures and the failure to specify the executing authority, the duration of the review process, and the possibility of challenging the arbitration decision. To address these shortcomings, the study recommends amending the relevant legal texts, including specifying the executing authority for government arbitration decisions and allowing appeals against government arbitration decisions before the Supreme Court to eliminate legislative conflicts regarding the dispute resolution period.