ضمانات تنفيذ احكام التحكيم في منازعات العقود الادارية ذات الطابع الدولي

Abstract

The true result of adjudication ends when the judgment is issued. The success of the adjudication system is measured by the execution of its provisions outside the state in which the judgment was issued. The execution of a judgment is the act by which a state judge grants executive force to the adjudication judgment. The execution of the adjudication judgment depends on the position taken by the parties of dispute: either to implement it once they have agreed upon it after ascertaining its validity or the acceptance of the convict to execute the judgment shall be amicable so that express acceptance is through a letter addressed by the convicted person to the claimant's willingness to execute the judgment or his unwillingness to appeal it. If the convicted person refuses to execute, the claimant shall resort to compulsory execution through competent judicial authorities by giving executive form to the judgment, as the judgment has no execution force. The execution of the adjudication provisions is regulated by their laws. The Law of Pleadings regulates some, while others are regulated by laws on adjudication, considering the texts of international conventions. However, there are obstacles to implementing the adjudication provisions, mostly because of the State's invocation of immunity in adjudication or because of refusals of execution provided for in most national legislation and international conventions