The impact of international conventions on arbitration in investment disputes

Doha El Saadany

Commercial Law - Faculty Of Law - Mansoura University

Abstract

The importance of arbitration in foreign investment disputes lies in the breadth of arbitration in the settlement of investment disputes, as well as the emergence of new arbitration disputes in investment disputes relating to the risks and harms of climate change, digitization, knowledge economy, competition protection and the prevention of practices Monopoly, as a bilateral or collective investment agreement is hardly without the inclusion of the arbitration agreement as an appropriate means of settling such disputes. This has resulted in a radical expansion of the jurisdiction of international arbitration, hence the problem of research: how successful is the arbitration mechanism in settling investment disputes in the presence of international conventions such as the Washington Convention and the new bilateral agreements? Are these agreements contrary to what has been established internationally that international conventions do not give direct rights to individuals and companies, but address states? The refore, the court's decision to grant the right to appeal to the court is a matter of law and order.

Keywords

Investment, international agreements, arbitration