حماية الاستثمار من خلال الاتفاقات بين الشركاء : شروط الخروج المزامن نموذجا

الملخص EN

The diversity of the conditions set out in partner agreements highlights the diversity of their objectives.

the goal of some investors is not to stay in the company for a long time, which makes them ask for guarantees to avoid remaining trapped in their contributions to the company’s capital.

these guarantees often take the form of conditions coming from the Anglo-Saxon contractual practice.

piggyback clauses, called by some as “equal treatment clauses” or “sortie conjointe” clauses, are used by investors for various reasons related to the specificity of investment risk management in some companies.

however, the most prominent legal problem with these investment-protecting clauses is the ambiguity of their legal interpretation, which necessarily reflects on their effects within partner agreements in Arab countries, including Qatar.

this research despite the scarcity of doctrinal writings and judicial cases on piggyback clauses, aims to find a solution to this legal problem by integrating these clauses in the known legal categories fitting them to be sure of their validity and to figure out their effects in the Qatari law.