نوع مقاله : پژوهشی
عنوان مقاله English
نویسندگان English
Despite the importance of public-private partnership (PPP) contracts in achieving economic and social development goals, the contractual relationships—and the disputes arising from them—present complex legal and practical challenges. These include determining the appropriate forum for resolving such disputes—particularly given that public entities often hold a privileged contractual position compared to their private-sector partners—as well as identifying the applicable law, especially when the private party is foreign. Furthermore, the judiciary alone is often ill-equipped to resolve disputes concerning administrative contracts, particularly those with an international dimension. This necessitates the exploration of effective alternative mechanisms for dispute resolution in PPP contracts—especially those of an international nature—that bypass the cumbersome procedures of traditional litigation. One of the most significant such mechanisms is arbitration: a specialized system operating parallel to the judiciary, in which disputes are referred to arbitrators. This removes the matter from the jurisdiction of administrative courts and frees the parties from complex litigation procedures—a particularly relevant advantage given the rapid evolution of communication technologies, as well as the growing trends toward cooperation, agreement, and technological advancement.
کلیدواژهها English