Why did the government amend the public sector law? .. Know the reasons
The Constitutional and Legislative Affairs Committee of the Chamber of Deputies, headed by Counselor Bahaa Abu Shakha, approved a draft law amending the Law of Public Sector Organizations and its Companies issued by Law No. 97 of 1983. The Chairman of the Committee affirmed that it serves the investment environment and improves its guarantees..
The explanatory memorandum submitted by the government to the draft law mentioned the reasons for the amendment of the law.
That the law of public sector bodies and companies was promulgated by Law No. 97 of 1983 for the development of the public sector as the main pillar of the national economy with the aim of supporting it by addressing the problems facing its start-ups and devising radical solutions for it and creating the appropriate environment for public sector companies to play their role in light of the general economic plan of the state The second part of the second book of the said law provides for a single way to settle disputes between public sector companies, some or some, or between a public sector company, on the one hand, and others on the other. And a central or local governmental body, public body, public sector body or public institution, on the other hand, is compulsory arbitration as set out in the above-mentioned law.
The general principle of arbitration was to be the basis of the agreement of the adversaries to resort to it as an alternative way of resorting to the judiciary to resolve disputes arising between them and within the limits and conditions that they consent to. There is nothing to prevent this behavior of compulsory arbitration by Especially in respect of specific litigants and in respect of certain disputes having a nature which is contrary to the nature of ordinary disputes as stipulated in Law No. 97 of 1983.
That the conduct of compulsory arbitration in the above-mentioned law represents a departure from the principle of the will of the will, which requires the agreement of the parties to resort to arbitration in order to avoid their will, as well as the denial of the parties to the conflict of multiple degrees of litigation,
It was therefore considered that the preparation of the draft law accompanying the abolition of compulsory arbitration by the Law of Public Sector Organizations and its Companies promulgated by Law No. 97 of 1983 is a reference to the general rule for ending disputes that may arise between public sector companies, some or some, Or a public body or a public sector body or institution on the other hand to resort to the judiciary and take advantage of the principle of multiple degrees of litigation or agree to arbitration if the availability of conditions.
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