The role of arbitration in international administrative contracts And its importance for national investment

Professor Doctor yasser elsayed

department of law - Arab East College - Arab East Colleges for Graduate Studies

Abstract

             The general rule is that the administration itself builds and manages public facilities through its three human, material and legal elements. The administration needed to contract with the investor, whether national or foreign, to work on the functioning of public facilities regularly and steadily, and the administration was forced to conclude a set of contracts containing exceptional conditions that are not familiar in civil contracts.        And the desire of countries to attract investment to it resorted to include the condition of arbitration for national and international administrative contracts. There is no doubt that the arbitration helped all investors to create fertile land for investment and the achievement of remunerative profits, as it has become an urgent necessity to help developing countries build new economic structures, organize their infrastructure and manage their public facilities in a way that takes the hands of countries towards identifying the causes of civilized progress.         On the other side, the foreign contractor who transfers his money across borders in order to achieve profit, in order not to clash with the lengthy internal laws, and the complex litigation procedures that continue for many years to adjudicate the dispute, sometimes the terms of the contract are required to resort to arbitration in the event of any dispute.        The phenomenon of arbitration is based on the will of the parties to the conflict. The parties prefer to resort to it as an alternative to the state’s jurisdiction, especially since they are based on setting all its conditions, so they appoint the arbitrators and define the rules regulating its procedures. The primary purpose of using an arbitration panel to adjudicate the dispute is to liberalize trade from the authority of national laws and to subject them to international law derived from international trade norms, and what is being done in the international community, whether within private international commercial contracts or international administrative contracts concluded by states.             Through this study, we will try to identify the importance of arbitration and its role in investment disputes, especially in international administrative contracts concluded by the administration with the national and foreign investor, especially that most of the applications of investment rules and conflict resolution through arbitration are now applied to international and national contracts.

Keywords

(International administrative contract, the investor, the importance of arbitration)