The Legal Framework for the Role of Arbitration in Administrative Contracts in Iraqi Law Study Comparison between Egyptian and French Legislation

The function of the judiciary is to resolve disputes between individuals and the government, but with the development of modernity in economic life and the openness of the economic and commercial space, other tools have emerged to resolve these disputes, and litigants can resolve their disputes, away from the judiciary, through the courts provided by the government as a peaceful alternative. One of these peaceful ways is to resort to arbitral tribunals, which are made up of ordinary people and can resolve disputes, however, these courts have their own rules and regulations, and therefore, there are guarantees and limitations and the validity of decisions made by judges depends on their consideration, and therefore a review of the legal framework The role of this arbitration in administrative contracts in accordance with Iraqi law compared to the laws of Egypt and France, explaining and reviewing this arbitration in administrative contracts and knowing the extent of its administrative powers, the restrictions and conditions that must be in the legal form and the agreement must be observed, in addition to its legal amendments and the positions of Iraqi, Egyptian and French legislators, This seems necessary; This thesis contains three chapters, the first chapter clarifies the concepts and generalities, the second chapter examines the legitimacy of this type of arbitration in administrative contracts, and the third chapter includes two parts: the effects of arbitration and the comparative attitudes and laws of Iraq regarding the legitimacy of this arbitration, a review and finally the issuance of some recommendations.