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Abstract

This research deals with ways of resolving administrative contract disputes by other than the judicial path in the Kingdom of Saudi Arabia, whether through the administrative way or through arbitration.

It shows the importance of this research from the scientific point of view; In that it deals with this topic in light of the recent provisions and procedures dealt with by the new Governmental Competition and Procurement Law in this regard, and the fact that it has not been previously discussed, which made it an idea worthy of study.

Its importance as reflected in practical terms that it contains the bulk of the flanks between the procedures and provisions on how to resolve disputes and administrative contracts without the road in the Saudi judicial system, which makes it easier for stakeholders to know these provisions and how to apply them.

The problem of research is determined by the insufficiency of the regular texts, and their sometimes inaccuracy

The research has been divided into two sections. The first section is devoted to the provisions for resolving competitors and contracting parties' disputes through administrative means, and the second topic to provisions for resolving competitors' and contracting parties' disputes by arbitration.

The research concluded that the competitor in the legal dispute; There is a choice between submitting his grievance to the government agency that issued the decision or to a committee formed in accordance with Article 86 of the Government Competitions and Procurement Law, but the matter differs according to the decision subject of the grievance, and that the decisions of the Grievance Committee are binding on the government agency, as for the grievance procedures, they differ according to the entity that considers it, and as for the impact of the grievance. It varies according to its fate. As for the technical dispute; The organizer has put in front of the government agency two methods for resolving the technical dispute, which are friendly methods first, and if it is not able to do that, then the dispute will be resolved through the aforementioned council, and the research concluded that the regulator has set up arbitration as an alternative means of resolving disputes in administrative contracts with special conditions. Provided that legal arbitration should be taken, without arbitration by reconciliation.

The research presented a number of recommendations, the most prominent of which is that it is more appropriate to amend Article 86/2/A, Article 86/3, Article 87/1 of the Government Competitions and Procurement Law, and Article 87/1 of the Executive Regulations of the Government Tenders and Procurement Law. The researcher also recommends the necessity of applying the stipulated rules. In Article 38, the Saudi Arbitration System for Administrative Contracts Disputes with Foreign Persons.

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