International Journal of Humanities and Social Science

      ISSN 2220-8488 (Print), 2221-0989 (Online) 10.30845/ijhss

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      Arbitration in Administrative Contract Disputes under Jordanian Legislation (A Comparative Study)
      Feras Syah Matar Alshrafat, Hussien Ali Rashed Alfaqeer

      Abstract
      This study aimed to identify what arbitration is in administrative contracts and to explain the possibility of resorting to arbitration as a successful way to settle disputes that arise in administrative contracts in Jordanian law, where the study showed that the Jordanian legislator defined arbitration and its arbitration systems as a means of resolving disputes within the Jordanian arbitration law No. (18) For the year 1955. The study also showed that the Jordanian Arbitration Law No. (31) of 2001 and the amended Law No. (16) of 2018 did not have resorted to resorting to arbitration in administrative contracts explicitly, but there is nothing in the same law that prevents resorting to arbitration in administrative contracts, and this is what was supported by the Jordanian Court of Cassation, which did not oppose the administration's resort in public facilities for arbitration in the event of a correct contractual commitment agreed between the two parties to the contract, which are required to resort to arbitration in the event of a dispute as long as the resort to arbitration is not violating public system. The study also showed that there are two opposing trends in the permissibility of arbitration in administrative contracts, an opposition direction for arbitration in administrative contracts, and another direction that went to support the arbitration in administrative contracts and the permissibility of the state and the general moral persons to arbitrate to settle administrative disputes. The researcher used the descriptive analytical approach to conduct this study and use the comparative approach sometimes to serve the subject of the study; the study wished the Jordanian legislator to allow explicitly resorting to arbitration in administrative contracts, considering the privacy of administrative contracts.

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