تدويل المحكم النظام القانوني لعقود الدولة بين قبول الشركات الأجنبية و معارضة الدول المتعاقدة

Abstract EN

Since the rule of submission of the contract to the law of will has stabilized in most legal systems, it has not yet been removed from the excesses suffered by the arbitrators in order to exclude the law applicable to the subject of disputes of the state contract, especially that law of will chosen in this type of contracts which is often the law of the Contracting State.

While the Contracting State is keeping to apply its national law to this category of contracts for considerations of sovereignty and public interest, arbitrators often tend to internationalize such contracts and remove them from the legal system of the contracting State by subjecting them to international rules or as they are called under international trade law.

This situation is accepted by foreign private companies contracting with countries on the one hand, and contrary to the aspirations of the contracting state on the other hand.