Inside-Obstacles to Arbitration in Administrative Contracts: A Comparative Study Between Jordanian and French Legislation
摘要
In the realm of administrative contracts, this research sheds light on the obstacles that individuals encounter during the arbitration process. It explores the unique characteristics of administrative contracts that differentiate them from other types of contracts. The presence of personal and objective susceptibility creates challenges for arbitration in the field of administrative contracts, which we aim to address in this study. The study is divided into two main sections. The first section examines the attitude of the Jordanian legislator and judiciary towards arbitration in administrative contracts, while the second section focuses on the perspective of the French legislator and judiciary on arbitration in administrative contracts. Noteworthy findings from the study include the recognition that the Jordanian legislator has taken a clear and explicit stance on the permissibility of arbitration in the realm of administrative contracts, particularly with the implementation of Government Procurement Law No. 28 of 2019. Furthermore, the research offers several suggestions, with the most notable one being the essentiality of acquiring the consent of the competent minister before turning to arbitration, similar to the stipulation mandated by the Egyptian lawmaker. This endorsement is considered vital in supervising the unrestricted ability of the overall administration to seek arbitration, which may encompass monetary liabilities or detriments that could affect the national treasury.