المعالجة القانونية لإشكالية القانون الواجب التطبيق على منازعات عقود القروض الدولية

الملخص EN

International loans are foreign investments that are subject to various types of transactions, such as nationalization, confiscation, and others, in addition to developing countries' fear of lending countries interfering in their internal affairs and imposing political conditions on them.

And, as a result of the legislator’s lack of interest in providing an attribution rule for international loans despite its great importance, they have become subject to the idea of contractual obligations, according to which international loan contracts are subject to the law of will as the original attribution officer or the law of the country in which the contract is concluded.

In light of the inequality between the lending countries and the borrower, whether another country is for private foreign persons, the dealers on the stage of international economic relations preferred to settle the disputes that arise between them through international arbitration, except for some few agreements that are exclusive to the national courts in one of the countries except for some few agreements that held the jurisdiction to the national courts in one of the countries.

Hence, modern jurisprudence has tended to adopt the idea that the special nature of loan agreements calls for the inevitability of their liberation from any national laws, especially the laws of state parties, and the necessity for loan agreements to be governed by an independent law established by the agreement itself and neither party has the power to amend it, or the general principles of law and recognized in the civilized nations or the provisions and principles of international law, and whether these legal systems are related and connected with the laws of the parties or not.

Thus, in this research, we discuss how to settle the disputes of international loan contracts by explaining the proposed solutions to simplify the problem of defining the law applicable to them as the main and complex obstacle towards disrupting this settlement.

To demonstrate the limits of the applicable law to international loan contracts and to find the appropriate solutions to the problems and achieve the target objectives from the current study, the comparative analytical approach is employed, in addition, the views of the jurisprudence of private international law and the Egyptian jurisprudence, besides the presentation of court rulings to determine the limits of the law applicable to the international loan contract and to indicate the nature of the matter and the corresponding judicial rulings.