اختصاص المركز الدولي CIRDI في حل منازعات الاستثمار الأجنبي في الجزائر عن طريق التحكيم

Abstract EN

Article 25 of the Washington Convention of 1965 establishing the International Centre for the Settlement of Investment Disputes between States and nationals of Other States laid down the conditions for the acceptance of arbitration proceedings.

These conditions concern the parties and the subject of the dispute, the most important of which is the existence of a legal dispute related to an investment activity and the existence of an agreement between the investor and the host country.

However, central level arbitration bodies have adopted so-called “arbitration without agreement”, so that the pursuit of the investor is accepted without the need for an agreement between him and the state, but on the basis of the law of the State or a bilateral agreement between him and his State.

This led to the disruption of the relationship for the benefit of the investor because the state cannot sue in front of the Centre unless there is a clear agreement between them.

Algeria, which ratified the Convention in 1995, was forced to arbitrate the Centre in some cases without an agreement between it and the foreign investor, resulting in many losses.

الكلمات المفتاحية: الاختصاص، التحكيم، المركز الدولي لتسوية منازعات الاستثمار بين الدول ورعايا الدول الأخرى CIRDI، المنازعات، الاستثمار، اتفاق التحكيم.