تكريس نظام التحكيم الدولي كوسيلة إجرائية و ضمانة قضائية لحماية الاستثمار الأجنبي في دول المغرب العربي (الجزائر، تونس، المغرب)‎

الملخص EN

The efficiency or value of the legal system for investment in any country is not measured on the basis of what it grants in terms of an increase in the advantages, facilities and incentives exemptions, nor in removing bureaucratic barriers by developing it for the administrative treatment of investment.

Rather it is measured on the basis of the protectionist judicial guarantees providing to reduce the risk potential .The commercial activities of a foreign investor may be exposed to after starting his invest ment project.

Here we can see the importance of dedicating the international commercial arbitration system in the legislation regulating foreign investment in the countries of the Maghreb (Algeria, Tunisia, Morocco) as a friendly and alternative means for settling investment disputes.

It is noticeable that these national laws and even the international agreements that they signed, whether bilateral or multilateral agreements have not .It differs on the principle of the power of will as a condition for resor ting to arbitration to settle and settle disputes related to investment.