Open AccessARBITRATION TO RESOLVE DISPUTES OF INTERNATIONAL ADMINISTRATIVE CONTRACTS
Author(s) -
Shaymaa Sadoun
Publication year - 2021
Publication title -
rimak international journal of humanities and social sciences
Language(s) - English
Resource type - Journals
ISSN - 2717-8293
DOI - 10.47832/2717-8293.6-3.27
Subject(s) - arbitration , adjudication , constitution , law , jurisprudence , political science , sovereignty , compulsory arbitration , state (computer science) , judicial review , administrative law , economic justice , law and economics , sociology , algorithm , politics , computer science
The judiciary is the natural way to resolve disputes and the means of establishing justice in society among its various members, because the judiciary is a manifestation of state sovereignty and can only be exercised by the public authority of the State. Since Iraq is one of the states that adopt a system of double law and justice and enshrined its constitution and laws, the adjudication of disputes in which the administration as a governing body exists is a public authority of the administrative judiciary, as the subject of the dispute was based on a single act, but in the view of the ordinary judiciary, it was a contract. The refore, the need for a more effective and effective approach to the implementation of the agreement sought to ensure that the parties are able to meet the needs of the international community. Common law people as a public authority, and although some jurisprudence is opposed to the inclusion of the arbitration clause in administrative contracts in general and administrative contracts of a particularinternational nature, economic and social changes have made it imperative to resort to it, which has led to increased interest in alternative methods of resolving disputes in various legal and judicial systems.