Arbitration in Disputes Over the Implementation of International Public Procurement (comparative Study)
Year: 2025
Type: article
Abstract: Objective: This study aims to clarify the nature and specificity of arbitration in disputes related to the implementation of international public procurement, both in terms of the justifications for resorting to it, and in terms of the basis of its legitimacy within the framework of the provisions of the Civil and Administrative Procedures Law and the Civil Law regulating international commercial arbitration, on the one hand, and to compare it with the Public Procurement Law, on the other hand, and to extract the extent of its compatibility and effectiveness in settling disputes arising therefrom. Methods: The historical approach was adopted to address the stages of historical development of the subject of arbitration in disputes over the implementation of international public contracts, in addition to the analytical approach with the aim of delving into the research as deeply as possible by collecting data and information contained in legal texts, judicial rulings and jurisprudential opinions, and analyzing, linking and harmonizing them. Meanwhile, the comparative approach was used to clarify the points of agreement and disagreement in some comparative legislation, particularly in Algeria and France. Results and Discussion: This study presents solutions to enhance recourse to arbitration in disputes related to the implementation of international public procurement, particularly by strengthening the will of the parties at various stages of arbitration, so that they have a decisive role in determining arbitration procedures. It also supports this legal mechanism with guarantees for the benefit of the foreign economic operator within the scope of its legal relationship with the contracting authority, and regulates it by including it in independent legal texts that reflect its importance. Conclusion: The researcher attempted to shed light on the issue of arbitration in disputes related to the implementation of international public contracts, as one of the most important alternative means, given its numerous advantages that encourage parties to the transaction to resort to it to resolve disputes related to their financial rights arising during the implementation phase, by examining its concept, its legitimacy and effectiveness, and the controls that govern and regulate it.
Author: Khalid Bouzidi
Institution: University Centre of Maghnia
Language: English
Subfield: Strategy and Management
Domain: Social Sciences
Open Access status: diamond
OpenAlex ID: W4409655570