Disputes in International Administrative Contracts and Ways to Settle Them in Iraqi and Algerian Law

 The global system has  seen wide changes  in the economic activities undertaken by individuals, companies and institutions.  International trade has become the way for development of  countries.  Since a foreign contracting   party  with the state or one of its departments is looking for the stability of the legal system  that  governs his contract, he always avoids subjecting his contractual relationship and the disputes from  it to the law of the state with which he contracts, due to his lack of confidence in its legal system and its impartiality.  We find him choosing, in agreement with her, the law applicable to the contract and the disputes raised from it and ways to settle them away from the state’s judiciary. Therefore, countries, especially Iraq and Algeria, called for the need to enact legislation regulating international administrative contracts and the disputes raised through alternative methods for the judiciary to settle them. But these legal texts, especially in Iraq, are vague as they are many and distributed over several laws, legislation, regulations and instructions, and the foreign party cannot consider  them. Thus ,  this  study   has  been  carried  out  by  analytical method  to collect those texts and regulations, analyze them and compare them with the legal texts and legislations in Algeria, since the Algerian legislator has organized international administrative contracts and ways of settling their disputes in a clearer and single  part  (law “Civil Administrative Procedures No. (09-08) 2008).  The study   has reached important results representing  the possibility of subjecting the disputes of international administrative contracts concluded by the state with the foreign party  to the rules of public international law and the agreements that regulate administrative contracts.   The international law and the rules of international trade law based on the rules of national attribution or on the basis of the agreement of the two parties to the contract on the law applicable to their contract. Also ,the Iraqi legislator has  been  permitted resorting to alternative means of the judiciary to settle disputes of administrative contracts of an international character, as the penal legislator did, but the Algerian legislator has differentiated  the  internal arbitration and external arbitration, which was not done by the Iraqi legislator. According to  these results, we proposed  recommendations, the most important of which is that  the Iraqi legislator should set  an advanced unified legal system that brings together the various legal texts to regulate the contracts that the state concludes with foreign persons. According to  findings  of  this  study and  previous  ones ,  the methods of settling their disputes  should  be   consistent  with   rules  of   international   trade  rights  and   international conventions  concluding  these   contracts.