Özet:

Although the application of arbitration is not a new method in the resolution of disputes, it has reached a level that can lead to the question of the administrative judicial unit in the disputes in which the administration is a party, with the adoption of the public private partnership models considered as an alternative model in public infrastructure investments and the new understanding of public business. The purpose of the study is to explore what the spread of arbitration practices means for public service and administration law. The study based on the quality research approach has been adopted literary scan. The data sources have been used as legal regulations and examples of application on the subject. According to the study, the public benefit, public power, administrative law and public service principles are widely included in the field of public service offerings, which is qualitatively separated from private legal disputes, so it is clear that the arbitration will not be able to give the same results in both areas. In this regard, the fact that private law and public law have a different character has come to the conclusion that the spread of arbitration in the administrative law is shrinking the area of the administrative court, both makes the administrative judicial procedure irrelevant and is not consistent with the principles that the state should apply in the public service offer.

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