منازعات الصفقات العمومية بين القضاء الإداري و التحكيم

Abstract

This study addresses the dilemma of effectiveness and trade-offs between administrative justice and arbitration in settling public procurement disputes in Algeria, in light of rigid judicial procedures and the pressing need for flexible mechanisms that attract investment. The study aims to clarify the boundaries of judicial jurisdiction and explore the extent to which the legal system accepts arbitration as an efficient alternative for resolving administrative contract disputes. In this research, we relied on the descriptive- analytical approach to discuss the governing legislative texts, particularly the Civil and Administrative Procedure Code and legislations related to public procurement, such as Law 23-12.The study reached results, most notably that administrative justice remains the holder of general and traditional jurisdiction in protecting the contracting party, contrasted with strict legislative restrictions that limit the role of arbitration due to its intersection with public policy and state immunity. The study concludes the necessity of reconciling the protection of public funds with the speed of adjudication, and recommends that the Algerian legislator adopt greater flexibility by qualifying specialized arbitration chambers to ensure balanced protection for both parties to the administrative contract