Non-judicial means to terminate administrative litigation - a comparative study

Abstract

Abstract: It is agreed upon in jurisprudence and the judiciary that the competent authority for resolving disputes of various types is the judiciary, in accordance with the principle of separation of powers. However, for purposes sought by the legislator, the possibility of settling and resolving disputes by alternative methods and means to the judiciary is sometimes stipulated, through various means, including arbitration and conciliation, as they are the most effective means for settling disputes in general, and administrative contract disputes in particular, as legislation sets the rules regulating these means, and explains their conditions and provisions related to them, in addition to clarifying the validity of the decisions issued regarding them. The Iraqi legislator stipulated the possibility of resorting to arbitration and conciliation as alternative means to the judiciary to end administrative contract disputes, in various legislations.