The Legal Position of the Arbitrator in Administrative Contracts: A Comparative Study between Iraqi and Iranian Law

Arbitration is one of the means used to resolve disputes between people. Arbitration has been known from a long time to resolve disputes in ancient civilizations such as the Romans and Greece. It was also known in religious laws, including Islamic Sharia, as the Almighty said: ((And if you fear a rift between them, then send an arbiter from his family and an arbiter from its people)) Nissa verse 35), Arbitration appeared in the modern era in its general form to resolve differences that occur between people in civil and commercial matters and in its particular form in administrative matters to resolve administrative disputes as a result of the development of states and the complexity of their tasks, functions and formations and the emergence of the so-called administrative contracts concluded by the state or one of its bodies and employees as a public, sovereign authority with A private law person, whether a company, contractor or individual, As a result, it was necessary for arbitration to have an important role in administrative contracts as they are consensual contracts to resolve the disputes resulting from them, and given the fact that this phenomenon is new to Iraqi and Iranian law and the novelty of practical experience and the ambiguity that plagues arbitration in the two countries, it was necessary to study arbitration, especially in the subject of the arbitrator’s legal status in administrative contracts, Discussing the concepts included in arbitration, the arbitrator and administrative contracts and their legal status to know the nature of arbitration, the methods for appointing arbitrators, the conditions that must be met by the arbitrators, the symptoms of the arbitration mission, the arbitrators’ powers and duties, is the important effect. The articles of the law were included in the Iraqi Code of Procedure, in addition to the fact that administrative arbitration in Iraq was not legislated for an independent law va of its utmost importance, M, and the study of Iranian administrative arbitration of the same importance and comparison between them, with regard to administrative contracts, so it became important to have a high-level administrative organization in light of the modernity of economic and administrative processes that depend on arbitration. To keep pace and organize its tasks in the service of the public interest, so there should have been arbitration as a means for the opposing parties to resort to in order to facilitate and expedite the resolution of disputes and to be more reassuring for the parties in not being biased to a certain side. M, and the study of Iranian administrative arbitration of the same importance and comparison between them, with regard to administrative contracts, so it became important to have a high-level administrative organization in light of the modernity of economic and administrative processes that depend on arbitration. To keep pace and organize its tasks in the service of the public interest, so there should have been arbitration as a means for the opposing parties to resort to in order to facilitate and expedite the resolution of disputes and to be more reassuring for the parties in not being biased to a certain side.