القانون الواجب التطبيق على التحكيم في منازعات الاستثمار الأجنبي : عقد الفرانشيز أنموذجا

Abstract EN

The question of the applicable law on arbitration in the settlement of disputes of foreign investment is one of the important issues facing the arbitral tribunal, It is the basis by which the process is pursued in order to seek to settle the dispute in the best way, and appropriate for two parties, whose will plays a very important role in determining its Objectives rules, it is the original base of reference, which does not disagree, but if this default, whether due to the lack of agreement of the parties or the inadequacy of legal rules or violate public order, would have opened the way for the intervention of the arbitral tribunal, which often apply the law of the State seat of arbitration, as agreed by the scholars and provided for by international and domestic legislation.

Arbitration centres have contributed to the creation of other controls that can be resorted to in the ence of the will of the parties to the conflict.

The application of the rules of law is more relevant to the subject matter of the dispute, regardless of its nature, or resort to the rules of international law and the arbitral norms prevailing in foreign investment disputes, Some other organizations provided for the rules of justice or fairness to take into account the balance of the arbitral award.