The Legitimacy of Resorting to International Commercial Arbitration in Administrative Contracts

Abstract

The study examined the legitimacy of international commercial arbitration in administrative contracts, through an analysis of the Algerian legal framework and its comparison with international experiences. It concluded that arbitration constitutes an effective mechanism for resolving disputes, provided that the necessary legal safeguards are in place. However, practical experience in Algeria has revealed a number of shortcomings, including a lack of specialized training and the absence of coordination in the drafting of administrative contracts subject to international commercial arbitration. This renders such contracts vulnerable to exploitation by foreign companies, leading to financial losses and highlighting the need for structural reforms to enhance the efficiency of the arbitration system.