The applicable law in arbitrating disputes arising from investment partnership contracts between the public and private sectors

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Abstract

This research paper examines the applicable law in arbitrating disputes arising from public-private partnership contracts. To achieve research objectives, the descriptive-analytical approach is utilised because it is the most appropriate method for studying this type of contract, as it follows scientific problems through description and analysis in a systematic manner. Hopefully, this research paper will constitute a scientific contribution and address a key theoretical and practical issue by outlining the procedural legislation that governs the rules of arbitration in disputes arising from partnership contracts between the public and private sectors. The research problem is reflected in the difficulty of determining the applicable law in arbitration, especially if the parties to arbitration remain silent on agreeing on the applicable law to the dispute. The results indicate that the Jordanian legislator must address the provisions related to arbitration in a detailed and independent manner in the Arbitration Law, specifically regarding administrative investment contracts resulting from partnerships between the public and private sectors and establish controls that regulate the resort to arbitration in this type of contract. Given the results, the study recommends granting the administrative judiciary general jurisdiction to consider all administrative disputes, including those related to administrative contracts, and enabling it to exercise control over the arbitration process in international investment partnership contracts.