صياغة شرط اتفاق التحكيمفي عقود الدولة وفقًا لأحكام القانون الليبي
The Libyan law allows for arbitration exclusively in administrative contracts of an international character, thus; the agreement of the parties in the arbitration clause shall implies an express departure from the exclusive jurisdiction of the judiciary; Therefore, it does not automatically extend to disputes resulting from the concluded contract; Rather than that it is a Stipulation agreed upon between the contracting parties and the validity of this Stipulation is subject to specific written consent in accordance with the provisions of Libyan legislation; Although it did not obligate its parties to use specific words; However, this agreement shall result from a verb of the required form, This is stipulated in Paragraph (B) of Article 83 of the Administrative Contracts Regulations issued by Cabinet Resolution (formerly the General People’s Committee) No. 653 of 2007; Because derogation from the administrative judge’s jurisdiction is considered a violation of the rules for protecting obligations contained in the administrative contract..
Keywords: Arbitration by Reference, Independent Stipulation, Electronic Writing, Necessity, Stipulation.
Dr. Naema Omar AL GHAZIR, Associate Professor of Public Law, School of Humanities, Law Department, Libyan Academy for Graduate Studies, Tripoli – LIBYA