English abstract
This research aims to examine the permissibility of arbitration as a tool for reaching resolutions in disputes concerning administrative disputes i.e. the study of provisions of article (2) of the law concerning arbitration in civil and commercial matters issued vide the gracious Royal Decree No: (47/97), under the jurisdiction of administrative judiciary court to bring to a conclusion the administrative contracts' disputes vide article (6) of the courts' law issued within the gracious Royal Decree No: (96/99), especially the practical experience reveals the tendency of one party of administrative contract to refer to the administrative judiciary court in order to reach settlement in such disputes despite that some arbitration criteria exist in the contract concluded between the parties, and disprove the same by the other contract's party,
The researchers adopt in this dissertation a mixture of an analytical and comparative methodology, divide the subject into four chapters, where the introductory chapter gives a brief general overview on arbitration as first theme , the administrative contract and its constituents as adopted by judiciary institutions in each of France, Egypt and Sultanate of Oman as a second theme. However the first chapter deals with the permissibility of arbitration as a tool for reaching resolutions in administrative contracts' disputes in France through two themes. The first theme discusses the principle of restricting arbitration of administrative contracts, and the second theme covers the exceptional legislations of such restriction. I dedicated the second chapter for studying arbitration of administrative contracts in Egypt and dividing it in to three phases, the first phases discusses the situation in the light of plain judgment that allows arbitration in administrative contracts, and the second one reflects variations after releasing the arbitration law No.27 for the year 1994, the third theme is concerning the legislator's endorsement to arbitrate in administrative contracts vide law No. 9 year 1997, and in the final and third chapter I considered the study of legislative and judicial situation regarding the administrative contracts' arbitration in the Sultanate of Oman before and after the release of the law of arbitration on the civil and commercial disputes, each in a separate theme.
The researcher reviews at the end of study the most important results, proposals and recommendations that come up with from this study.
