The Role of Arbitration and Alternative mechanisms in solving investment disputes
Assistant Professor Nadia Kathim
Private Law Depart. - College of Law - Dar Al Uloom University - Alriyad - KSA
Abstract
Abstract One of the manifestations of civilized evolutions is the choice of new mechanisms in various fields. Moreover, the world depends on the economy, which in turn depends on the investor who invests his money in his country of origin or in a foreign country. For investment, Investment Laws are enacted, but the law itself is not independent and must be supported by the judiciary. The ordinary judiciary is no longer efficient, and new mechanisms such as arbitration and other alternative means have emerged that have replaced the ordinary judiciary without compromising the sovereignty of the host state, and to reassure the foreign investor of the non-alignment of the other party and the speed by these mechanisms pushing to use them and avoiding ordinary judiciary. The most common type of these mechanisms is arbitration, as the privacy that characterizes investment contracts in terms of their parties, and the foreign investors fear of the state's adherence to its judicial sovereignty, the foreign investor does not neglect to include the contract on the condition of arbitration. Also, international and bilateral agreements protected the foreign and reassured the investor of the possibility of resorting to arbitration and to alternative mechanisms, even if arbitration was not stipulated in the contract because of the confidentiality it provided in the field of business, that the parties prefer to keep as such.
Keywords
Key words: Investment, Foreign, Disputes, Arbitration.
