Challenges Facing Electronic Arbitration in Administrative Contracts

Abstract

This research addresses the challenges arising from electronic arbitration within the framework of administrative contracts. It begins by reviewing the stance of public law principles and the rulings of the French Council of State, which historically did not permit the administration or public legal entities to resort to arbitration to resolve disputes with third parties.

It then highlights the evolution in the position of the French legislator and the French Council of State regarding the authorization of arbitration in relationships governed by administrative law—including those involving administrative contracts—and outlines the challenges facing electronic transactions in general, as well as the specific challenges facing electronic arbitration in administrative contracts. Arbitration is a well-established method for resolving disputes between individuals. In arbitration, the disputing parties agree to refer their dispute to a designated person or persons, known as an arbitrator or arbitrators, to adjudicate it according to specific rules. Alternatively, in a case before a court, the parties may request the court to refer their dispute to arbitrators or an arbitral tribunal for resolution. In modern times, arbitration can be established either through an agreement to resort to arbitration during the contract's formation, via a separate agreement, or through a clause stipulating arbitration included within the contract itself.