Prospects for Using the Arbitration for Resolving the Disputes Arising Out of Administrative ContractsJournal: Law and World (Vol.7, No. 2)
Publication Date: 2021-05-01
Authors : Salome Tsurtsumia;
Page : 130-147
Keywords : Administrative Contract; Alternative Dispute Resolution; Arbitration;
The use of arbitration as an alternative dispute resolution mechanism in the modern legal environment is increasing in civil-legal disputes. Although in 2001, the Council of Europe recommended using alternative dispute resolution mechanisms in administrative disputes, up to date, arbitration and other alternative dispute resolution mechanisms have not gained popularity in administrative disputes. Given its nature, arbitration is the closest to the judicial mechanism among the alternative dispute resolution methods. Although the use of arbitration as a dispute resolution mechanism in administrative disputes is not recognized by the legislation of Georgia, considering the types of administrative disputes, it is possible to use arbitration dispute resolution mechanisms in certain categories of administrative disputes. It is important to note that defining an alternative dispute resolution mechanism against the background of the overwhelmed courts and delayed justice and establishing new mechanisms may be successful and promising in the context of a justice rapid response. Accordingly, taking into account the legislation of Georgia, the analysis of practice, and the application of civil standards to administrative contracts, the aim of the study is to consider the possibility of using the arbitration mechanism in disputes arising out of administrative contracts. In this regard, the subject matter of the study is the essence of the administrative contracts and arbitration mechanism, the analysis of Georgian legislation is presented, and the possibility, purpose, and perspective of the use of arbitration for resolving the disputes of administrative contracts are summarized.
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