International Arbitration as an Alternative Method for Settling Administrative Disputes in the Kuwaiti Law

Abstract

This study carries out research into international arbitration in disputes of administrative contracts while discussing the level of possibility of resorting to arbitration as a means of settling administrative disputes, and discussing the situation of Kuwaiti law with some references to French law in the field of administrative contracts. The French lawgiver issued laws by which he organized arbitration in some disputes to which the state or any of its public staff (industrial, commercial, and economic establishments) were a party therein, and we defined what are the cases in which it is possible to resort to arbitration in administrative contracts locally or internationally in these countries. As to the general basis, the administrative court is deemed the concerned entity in every country and it is the original competent authority to consider administrative disputes, and we clarified that the Kuwaiti did not issue a special law for arbitration in administrative contracts, however such proceedings may be conducted according to other laws, i.e., Partnership Law, and the study concluded some important results as to accepting arbitration in administrative contracts that must be provided in international legislations and agreements.