Towards a legal regulation of arbitration in administrative contracts in Palestine "Comparative Critical Analytical Study”

Abstract

There is no doubt that many countries have organized the issue of arbitration in administrative contracts through their legislation, and clarified the applicable law and the competent court to consider the decisions issued by the arbitral tribunal regarding the administrative contract and its disputes, while other countries, including Palestine, did not fully or explicitly regulate them. From this void and legislative shortcomings, there is a problem that requires research. This is what the researchers analyzed and studied to clarify the position of the Palestinian legislator regarding the permissibility of arbitration in administrative contracts or not, by employing the critical analytical method in addressing the subject of the research, which concluded that it is permissible in administrative contracts. With the laws applicable to arbitration in administrative contracts limited to procedural laws that represent the general Sharia for the settlement of administrative and civil disputes, and then the procedural system stipulated in the Law for the Resolution of Administrative Disputes, the Arbitration Law, and other relevant procedural laws are applied. However, the applicable substantive laws are not limited, and their application depends on the type of dispute at hand. The study recommended the Palestinian legislator explicitly stipulating the permissibility of arbitration in administrative contracts, organizing its procedures accurately, and not leaving the door wide open for jurisprudence and jurisprudence, while benefiting from Arab and foreign experiences in this regard.