Mechanisms of international commercial arbitration And its impact on attracting and protecting foreign investments | ||||
| International Journal of Advanced Research on Law and Governance | ||||
| Volume 5, Issue 1, June 2023, Page 164-181 PDF (577.25 K) | ||||
| Document Type: Original Article | ||||
| DOI: 10.21608/ijarlg.2023.203931.1068 | ||||
 View on SCiNiTO | ||||
| Author | ||||
| Alaa Al-Najjar Hassanein Ahmed | ||||
| PhD in Commercial and Maritime Law, Faculty of Law, Assiut University | ||||
| Abstract | ||||
| The foreign investor always seeks not to prejudice all his rights arising from the investment contracts by avoiding any governmental interference that affects that from the country in which he invests, and therefore the foreign investor is always keen on an arbitration clause in the investment contracts that he concludes, especially if he does not have sufficient knowledge of the laws In the country in which he invests, he also requests the establishment of a legislative stability condition, which guarantees that he will not be affected by any change in the laws of the country in which he invests his money. In order to attract and encourage foreign investments, countries strive to remove or reduce these fears and work to reassure investors of their money and projects from any non-commercial risks, by taking various measures and including in their legal legislation explicit provisions on the maintenance of these investments and not exposure to them in accordance with the requirements of the public interest and by means That comply with the provisions of the law and relevant international agreements. There is no doubt that arbitration in settling investment-related disputes has positive effects on economic life, as it works to stimulate investors to invest with huge funds, and not to fear losing their rights, direct and indirect investment is the same. Arbitration also works on the implementation of contracts concluded in the matter of huge investments, and with regard to areas of trade, and also protects arbitration from prolonging litigation when entering into a dispute regarding a transaction. International arbitration relies, within the framework of its role in attracting and protecting foreign investments, on various tools, not only limited to the many traditional advantages of arbitration, including the arbitrators’ extensive experience in the field of investment disputes, and flexibility in choosing the appropriate law to settle the dispute. , as well as speed, confidentiality, fairness and low cost in some cases, but it also depends at the present time on a set of emerging mechanisms, the features of which will become clear through the research presented. | ||||
| Keywords | ||||
| Commercial arbitration; International Arbitration; Investment protection; foreign investments | ||||
|
Statistics Article View: 60 PDF Download: 53 |
||||
