التحكيم كضمانة إجرائية لتسوية منازعات عقود الاستثمار و أثره على الحصانة القضائية و التنفيذية للدولة المضيفة

الملخص EN

The resort to the commercial arbitration has increased in the modern era to settle the disputes related to the investment contracts because of the advantages it provides that the state justice may not achieve for litigants from different countries.

The arbitration also provides the parties with an opportunity to choose the law to be applied to the dispute and spare them the problem of ignorance of the substantive and procedural rules contained in foreign.

Today, the commercial arbitration has become an important requirement for the foreign investors and one of the important guarantees to attract the foreign investment.

It is no less important than the rest of the guarantees granted to the investor.

However, some countries are still conservative about resorting to commercial arbitration, citing their right to sovereign judicial and executive immunity which negatively affects the process of attracting the investment on the one hand, as it affects the implementation of the contracts when the disputes arise over some of the clauses in them, which disrupts the interests of the host state for investment and the interests of the investor together.