التحكيم كآلية لضمان حماية الاستثمار الأجنبي العقاري في التشريع الجزائري

الملخص EN

Arbitration has an important role in determining the issue of protection for foreign real estate investments, which is included in many internal or international legislation, as many agreements have been concluded in this regard, whether bilateral or collective agreements related to the protection and encouragement of investment, in addition to Law 09-16, which includes several advantages, incentives and guarantees from In order to attract the foreign investor, in addition to the objective guarantees of foreign investment in international law, and the search for another means of protection for foreign investment, such as procedural guarantees, because the investment is affected by the settlement of some disputes and the available means such as diplomatic protection and arbitration.

Accordingly, the main objective of this research paper is to clarify the legal and procedural framework adopted represented in the arbitration mechanism and its role in granting advantages and guarantees that encourage investment in Algeria, reaching through it an important conclusion that arbitration is the most effective means for resolving foreign real estate investment disputes, and that Algeria despite Issuance of a number of approved and recognized arbitration laws as a means of settling foreign investment disputes.

However, these laws remain complex in application and even if they are applied, they create a slow routine that makes the foreign investor reluctant to invest in Algeria.