التحكيم في حل نزاعات العقود الإدارية في قانون التحكيم العراقي من منظور الشريعة الإسلامية : دراسة مقارنة

Abstract

This study investigates the subject of arbitration in the resolution of administrative contract disputes in Iraq and the absence of an independent legal legislation and an administrative judiciary specialized in the consideration of these disputes. This study also looks into the responsibility of the arbitrator for errors committed after the execution of the decision. To address these issues, the researcher analyses previous studies and laws related to arbitration of administrative contracts. The comparative method is employed by the researcher to compare arbitration from the perspective of Islamic law and the Iraqi Arbitration Law to identify the aspects of similarities and differences between them. Additionally, the author uses the inductive method in dealing with an extrapolation of Iraqi laws regulating the issue of arbitration and litigation. The researcher identifies social, organizational and legislative obstacles that are limiting the litigants in administrative contracts from resorting into arbitration and proposes solutions to overcome these obstacles. The findings indicate that it is important to form a special section of arbitration as a government representative to carry out an amicable settlement between the parties through mediation, conciliation or arbitration. Moreover, the legislator may provide jurisdiction of the administrative judiciary to consider the arbitration of administrative disputes. Finally, there is a need to develop a law on administrative arbitration and other alternative means such as mediation and conciliation that are acceptable to the parties involved. Based on these findings, recommendations and suggestions are provided in order to provide an amicable settlement in the resolution of the administrative contract disputes. .