Beta
306478

Mechanisms of international commercial arbitration And its impact on attracting and protecting foreign investments

Article

Last updated: 05 Jan 2025

Subjects

-

Tags

Administrative Law

Abstract

The foreign investor always seeks not to prejudice all his rights arising from the investment contracts by avoiding any governmental interference that affects that from the country in which he invests, and therefore the foreign investor is always keen on an arbitration clause in the investment contracts that he concludes, especially if he does not have sufficient knowledge of the laws In the country in which he invests, he also requests the establishment of a legislative stability condition, which guarantees that he will not be affected by any change in the laws of the country in which he invests his money.        In order to attract and encourage foreign investments, countries strive to remove or reduce these fears and work to reassure investors of their money and projects from any non-commercial risks, by taking various measures and including in their legal legislation explicit provisions on the maintenance of these investments and not exposure to them in accordance with the requirements of the public interest and by means That comply with the provisions of the law and relevant international agreements. There is no doubt that arbitration in settling investment-related disputes has positive effects on economic life, as it works to stimulate investors to invest with huge funds, and not to fear losing their rights, direct and indirect investment is the same. Arbitration also works on the implementation of contracts concluded in the matter of huge investments, and with regard to areas of trade, and also protects arbitration from prolonging litigation when entering into a dispute regarding a transaction.         International arbitration relies, within the framework of its role in attracting and protecting foreign investments, on various tools, not only limited to the many traditional advantages of arbitration, including the arbitrators' extensive experience in the field of investment disputes, and flexibility in choosing the appropriate law to settle the dispute. , as well as speed, confidentiality, fairness and low cost in some cases, but it also depends at the present time on a set of emerging mechanisms, the features of which will become clear through the research presented.

DOI

10.21608/ijarlg.2023.203931.1068

Keywords

Commercial arbitration, International Arbitration, Investment protection, foreign investments

Authors

First Name

Alaa

Last Name

Al-Najjar Hassanein Ahmed

MiddleName

-

Affiliation

PhD in Commercial and Maritime Law, Faculty of Law, Assiut University

Email

-

City

-

Orcid

-

Volume

5

Article Issue

1

Related Issue

42261

Issue Date

2023-06-01

Receive Date

2023-04-03

Publish Date

2023-06-01

Page Start

164

Page End

181

Print ISSN

2735-5411

Online ISSN

2735-542X

Link

https://ijarlg.journals.ekb.eg/article_306478.html

Detail API

https://ijarlg.journals.ekb.eg/service?article_code=306478

Order

306,478

Type

Original Article

Type Code

2,012

Publication Type

Journal

Publication Title

International Journal of Advanced Research on Law and Governance

Publication Link

https://ijarlg.journals.ekb.eg/

MainTitle

Mechanisms of international commercial arbitration And its impact on attracting and protecting foreign investments

Details

Type

Article

Created At

28 Dec 2024