ABSTRACT
The significance of the administrative contracts’ ‘Le Contrat Administratif’ is clear as all investorstate disputes are based on administrative contracts in the MENA region.
Arbitration in administrative contracts has only recently become highly controversial. The point of contention was initially over the administrative contract and the competent judicial authority, given the fact that as per the State Council Law, administrative contract disputes fall within the jurisdiction of the State Council courts. The State Council Law, providing for the jurisdiction thereof to decide on disputes arising from administrative contracts, intends to differentiate between the jurisdiction of ordinary courts and that of administrative courts; yet, it remains silent in terms of prohibition of resorting to arbitration in administrative contract related disputes.
