الدفع بحالة الضرورة في التحكيم الاستثماري الدولي

الملخص EN

In light of the economic extroverted and international commerce liberation movement which was accompanied with flexibility in material and human funds transmission, a particular relationship emerged in the field of law in the form of international investment relation which is divided into direct investment (FDI) or indirect investment (Portfolio).

This kind of relation has generated a new legal problematic that the national judicature and legislator failed to solve, which, in turn, motivated the arbitration to find a reasonable solution to it.

As a result, international investment arbitration came into legal existence and served as a cornerstone for the rise of international investment law.

Perhaps one of the theories that established this type of arbitration is the theory of necessity as one of the most important legal defenses before the arbitral tribunals.

This is often resorted to by the state restricting investment to justify the act or refrain from the act that constitutes a breach of its obligations towards the foreign investor regardless of the nature of these obligations.

Actually, the importance of this study is further validated by the critical stage experienced by the Arab countries in general and the Syrian Arab country in particular, which directly affected foreign investments throughout the Syrian territory, especially as the country is approaching the stage of reconstruction and attraction of foreign investments.

We will address, for instance, the possibility of the Syrian state benefiting from the theory of necessity to justify its position towards foreign investors, whose investments were negatively affected by the crisis, from the theoretical and practical perepectives, using a systematic, legal, and scientific method.