| المستخلص: |
The administration is for the performance of their function in satisfying public needs it in cases requiring the involvement of persons in work because of Imitkouh the experience and freedom from the constraints that restrict the work of the Department Leading to the speed of action, and this is by contracts entered into by the management with private persons, and these contracts is including civil, commercial or administrative. As a result of the broad management activity for several reasons, including scientific, economic, social and political, the need for contracts has increased steadily, a result, the issue of resolving disputes that result from their application in a manner arbitration, which flourished in private contracts, especially business as a result of the nature of the business, and then I started votes rise to cover administrative contractsarbitration passport. If the arbitration in contracts does not raise sensitivities, but it's different in the administrative contracts and to the fact that persons public party to the contract and these people represent aspects of state sovereignty, it becomes a subject of these persons to the authority of the arbitrator is a matter of the sensitivities of the rule of the state and the public interest, which led to an increase in controversy over the unit that persons passport to the authority of the arbitrato This unit controversy different from one country to another, we note that the sharp controversy in Egypt, but he was less severe in France and almost non-existent in Iraq. The reason is due to the circumstances of each country, In France, the mother country of administrative law confronted Builder administrative law French Council of State that persons of the arbitrators and exit administrative disputes from the jurisdiction of the administrative court to the mandate of the arbitrators, did not accept under the pressure of necessity people of the arbitration, but on a small scale and as much as necessary In Egypt, the economic conditions and economic policy forced people to undergo arbitration, so it was a sharp controversy between the passport and the passport to the prevention of prejudice to the sovereignty of the state, was reluctantly accepted and restrictions placed legislator to do so As in Iraq, the controversy in Egypt is due to the crystallization of the idea of administrative contracts in Iraq as a result of subjecting these contracts legislator the jurisdiction of the ordinary courts, which does not distinguish between private contracts and administrative With regard to external arbitration, Iraq does not have the sensitivity of public that persons of foreign arbitrators In the end it can not be subjecting persons to the authority of the arbitrator, it is contrary to the very law which is in the public interest achieved by one year, while someone special arbitrator is intended to serve their own interest. The public subjecting persons to the authority of the arbitrator prejudice to the sovereignty of the State represented by the public authorities. The nature of the contracts that are usually administrative asylum to arbitration when applied nature incompatible with the nature of the arbitration.
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