The powers of the arbitrator in administrative disputes in Lebanese law.

Abstract

Abstract: In Lebanese law, the role of the arbitrator in achieving financial balance in the administrative contract is characterized by the powers that allow him to intervene to refer the terms of the contract in the event of unexpected circumstances that affect the balance of the parties' financial obligations. According to the legal provisions related to arbitration and administrative returns, the arbitrator can take several measures to achieve financial balance, including adjusting the value of the contract in the event of circumstances beyond the control of the parties, such as rising prices or changing costs due to unexpected economic or social factors. The arbitrator has the right to adjust the amounts agreed upon in the contract to suit the new situation, and restoring financial balance in the event of force majeure or exceptional circumstances that affect the parties' ability to fulfill their financial obligations. The arbitrator can intervene to restore the financial balance of the contract, in a way that reflects the changes in the circumstances that occurred after the signing of the contract. Exemption from some obligations: If some financial terms cannot be implemented due to unexpected circumstances, the arbitrator may grant partial exemptions or referrals in the financial terms in a way that preserves the interests of the parties and achieves justice. Settlement of financial disputes: If a dispute arises between the parties regarding financial matters related to the implementation of the limit, the arbitrator settles the dispute in a way that guarantees the rights of the parties and achieves a balance between their interests However, it is important to note that the arbitrator in Lebanese law does not have the authority to completely amend the contract as is the case with the judiciary, but rather his role is to make precise and specific amendments to achieve financial balance only within the limits of what is permitted by the contract and relevant legal provisions. The arbitrator's authority to achieve financial balance for the administrative contract is represented by his ability to intervene to resolve disputes related to financial issues that may arise during the implementation of the administrative contract. This includes amending or modifying the value of the contract or terminating or exempting from some financial obligations, through arbitration procedures. The arbitrator has a role in ensuring the stability of the financial contract in the event of unexpected circumstances that affect the financial balance, such as rising costs, changing prices or force majeure. He ensures that the terms of the contract remain fair and balanced, taking into account the interests of both parties. © 2023 TUJR, College of Law, Tikrit University