المبادئ الضامنة لفعالية التحكيم المتعلقة بعقود الاستثمار

Abstract EN

International commercial arbitration has become the only and preferred method for the group of foreign investors, and an alternative to the national judiciary that has the original jurisdiction to settle disputes related to this vital area, and a legal method that is characterized by flexibility and simplicity in procedures and is inexpensive from the financial point of view.

Its effectiveness across the entire international community despite the different legal systems governing it.

Based on this, we are not certain of its effectiveness, except by embodying some of the guaranteeing principles for that, which we have classified into two sects, according to the objective perspective, which are represented in: the independence of the arbitration agreement from the original contract concluded under it, and the consecration of the principle of jurisdiction with jurisdiction, then the principle that allows the arbitration board to settle The dispute before it.

As for the personal perspective, and it is related to the contracting parties (the state, the foreign investor), we have included the following principles within it: one of the contractors was unable to reverse and withdraw after the judgment was accepted, and the disruptive procedures practiced by one of the contractors did not affect the arbitration, and finally the ence State direct responsibility for the arbitration process.