أهلية الأشخاص المعنوية العامة لإبرام اتفاق تحكيم بين نقص السلطة و افتقار القدرة : دراسة مقارنة

Abstract EN

A state .

although has three entity bases witch are people, land and sovereignty (been recognized) and three authorities (legislative, executive and judiciary) in addition to having foundations and organizations with different goals, but it may be completely or partially, especially for the third world stats (development states) unable to achieve its people wishes to the economic and social development.

This, sometimes leads states to attract foreign finds that are mainly looking for having profits regardless the project's goal or purpose.

This is done through the conclusion of an investment contract between the state and the foreign investor.

Often the investment contract concluded between the state or its affiliated agencies includes a clause stipulating that any dispute that arises between the two parties be referred to arbitration, so the purpose of this research was to identify the extent to which these state agencies have the necessary capacity to conclude an investment contract that includes an arbitration clause.