国际仲裁作为解决科威特法律中行政争议的替代方法

Q3 Social Sciences
Muna Alhajri
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引用次数: 0

摘要

本研究对行政合同纠纷中的国际仲裁进行了研究,同时讨论了将仲裁作为解决行政纠纷的手段的可能性程度,并讨论了科威特法律在行政合同领域的情况,并参考了法国法律。法国立法者颁布了一些法律,根据这些法律,他在一些争议中组织仲裁,而国家或其任何公共工作人员(工业、商业和经济机构)都是其中的一方,我们定义了在这些国家,在哪些情况下可能在当地或国际行政合同中诉诸仲裁。就一般依据而言,行政法院在每个国家都被视为相关实体,是审理行政纠纷的原始主管机关,我们澄清了科威特并没有针对行政合同仲裁颁布专门的法律,但此类诉讼可以根据其他法律进行,例如《合伙企业法》。在接受行政合同仲裁方面,本研究得出了一些重要的结论,这是国际立法和协定必须规定的。
本文章由计算机程序翻译,如有差异,请以英文原文为准。
International Arbitration as an Alternative Method for Settling Administrative Disputes in the Kuwaiti Law
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.
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来源期刊
Comparative Law Review
Comparative Law Review Social Sciences-Law
CiteScore
0.50
自引率
0.00%
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0
审稿时长
24 weeks
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