خصوصية التحكيم في عقود الاستثمار

الملخص EN

The principle of the right to resort to arbitration to resolve investment disputes is among the most important means of attracting foreign investors due to its private nature.

Most developing countries, including Algeria, have joined the International Center for Settlement of International Investment Disputes, and many bilateral or multilateral agreements have been concluded to promote and protect investment, all of which contain an arbitration clause.

However, the practical reality and the arbitral applications, produced practices that these countries did not take into consideration, whether it was related to the quality of the contracting parties or the nature of the arbitration agreement and finally the procedures for implementing the investment arbitration award.

This has led to the reluctance of many developing countries from arbitration in the field of investment, which raises the question about the future of this important means in settling investment disputes between the host country and the foreign investor