القانون الواجب التطبيق على عقود الاستثمار بالمنهج المباشر

Abstract EN

The modern development of private international relations, besides the incompatibility of national laws with the needs of those relationships led to emergence of rules working to find a solution to the issues that may be referred to in order to find a solution, such as the contracts that has a foreign element, especially investment contracts, and they are which considered as a competitor to the rules of conflict, modern jurisprudence called it the development of material rules, and this is the most famous and common despite the emergence of many names, including substantive rules, direct rules and material rules of international origin, the idea behind these rules is creating some rules that include direct solutions that apply to relationships of a special international nature, It intends to apply it without going back to the traditional conflict approach, even if it is the original.

The judge or arbitrator may resort to it When a dispute is brought before him, the subject of which may be related to a special international relationship, Including investment contracts tainted with a foreign element, as they may be the closest to finding a solution, The matter that some may think is the most appropriate for that relationship, and its preference over other means of solution in private international relations.