نطاق اختصاص محكمة الاستثمار العربية : تعليق على الحكم رقم 1 لسنة 14 قضائية الصادر لمصلحة جمهورية ليبيا في عام 2018

الملخص EN

The Arab investment court was established in 1993 in accordance with the unified agreement for the investment of Arab capital in the Arab states (Arab investment agreement “AIA”).

however, the court has ruled no judgment in favor of any Arab investors, as it always dismisses cases under the jurisdiction basis despite the increasing number of investment cases in recent years.

through this research, the author aspires that the court expand its jurisdiction and becomes a remedy for Arab investors in suing the host states for any infringement of the AIA.

however, the court dismissed the case highlighted in this research, based on lack of personal, material, and procedural jurisdictions, building on interpreting the provisions of the AIA incorrectly.

this judgment calls the author to clarify the proper rules of jurisdictions based on the recent jurisprudence in international investment law by applying the provisions of the AIA appropriately, which would serve the interest of Arab investors and host countries.