قرينة اتفاق التحكيم لدى المركز الدولي لتسوية منازعات الاستثمار

الملخص EN

Consent is the basis of arbitration and the arbitration agreement is its constitution.

The prevailing principle is not arbitration without agreement.

The arbitration agreement must be in writing.

However, the International Center for the Settlement of Investment Disputes (ICSID) has recently been adjudicated in cases without arbitration in the disputed contract.

Based on the conclusion of bilateral investment agreements or multilateral investment agreements or domestic legislation that allows arbitration in investment disputes is presumed to be an arbitration agreement between the parties