Dispute resolution of investment disputes through international commercial courts (hybrid national court and international commercial arbitration)
Ahmed Mahmoud
Private Law Dept. - College of Law - Qatar University
Abstract
As a result of globalization and the international trade movement, business and investment have increased across the borders of countries. As a result, there have been various international investment disputes. As time and economy in effort and expenditures are the most important factors in attracting investment, procedural countries' legislation seeks to provide judicial or alternative means for resolving investment disputes, in order to achieve the completed justice logistics, that is, to reach a solution to the conflict in a reasonable time, and with the least effort, cost, and procedures possible, to the extent that it reached . The matter is that the investor suspends the implementation of his investments on the text on a means to settle his disputes that achieve the previous goals. Legislation of the countries attracting investment was keen to codify international commercial arbitration as an alternative method for the national judiciary, considering that this arbitration is a way - compared to the national judiciary - that has advantages, offset by defects before the judiciary, such as freedom of the will of the parties, speed, efficiency, confidentiality, simplicity of procedures, flexibility, and implementation of the arbitration award Across the border, arbitration has already spread and has been effective in creating the investment climate, but arbitration has become a method that has not been escaped from defects in the eyes of investors in terms of the inadmissibility of challenging its judgment and the breadth of its scope for all disputes, besides that even the advantages of arbitration are relative advantages, so what An advantage in Arbitration, according to some, is a defect for others. Therefore, countries attracting investment, even friendly to arbitration, began thinking about a hybrid that combines international commercial arbitration with national courts, so they established what are called "International Commercial Courts", which are courts of an international character, neither are they purely national courts nor are they arbitration Purely international commercial, so that it has the characteristics that make it an ideal means of competition for resolving investment disputes, because it combines the advantages of international commercial arbitration and national jurisdiction, while avoiding the disadvantages of each. Therefore, many countries began to create or actually create this type of specialized court of an international nature in resolving investment disputes and international trade interests, and it has already spread to all continents of the world and has already decided on several cases, to follow in the footsteps of the London Trade Court model and pioneer in this field Also, in countries: UAE, Qatar, Singapore, Kazakhstan, China, Ghana, Rwanda, France, Germany, Switzerland, Belgium, Netherlands, Australia, and others. Guided by the foregoing, the research paper will attempt, through the comparative analytical study, to examine the philosophy of establishing international trade tribunals, their models in many countries, then their distinctive characteristics, as well as their procedural system, and finally to the extent of their effectiveness on the ground of investment reality, so that it makes them the best means and competitor or Alternative to national courts on the one hand and international commercial arbitration on the other hand.
Keywords
"investment disputes", "international commercial disputes"," international commercial courts", "international commercial arbitration" , "courts of an international character".
