Legal Problems Resulting from Arbitration in Administrative Contract Disputes

Volume 7 , Issue 1 , June 2019 , Pages 84-122

Authors

Dr. Zana Raouf Hamakarim 1

1 Department of Law/College of Law and Politics, University of Human Development - Kurdistan Region of Iraq

DOI logo 10.17656/jlps.10147

Keywords

Abstract

In light of the evolution of the arbitration laws, arbitration is no longer a competing or substitute system for the judiciary, but it plays a parallel and complementary role to the judiciary. In light of this integration between the judiciary and arbitration, the intervention of the judiciary in the formation of the arbitral tribunal and its ruling does not affect the independence of this body. and the role of the judiciary in addition to its effectiveness in the development of jurisprudence arbitral clarification of what was commented on the judicial judgments of ambiguity, it works to remedy the absence of the legislator from the organization of an arbitrator of this legal institution, Thus, the reconciliation between the independence of the arbitral tribunal and the judicial control over it is carried out only with flexible control that preserves the independence of the arbitral tribunal and the state's prestige and judicial authority.

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  • Published at3 June 2019

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