Mechanisms for Settling disputes arising between the administration and the foreign investor

Abstract

In this study, the researcher dealt with the mechanisms used in settling investment disputes, through which it was found that judicial means are not the only way to settle disputes arising between the administration and the foreign investor, but there are other means that can be resorted to in resolving these disputes, so the researcher classified the study in to into two parts, the first section dealt with the concept of foreign investment, as the second part dealt with the ways of settling disputes arising between the management and the foreign investor, and concluded a set of conclusions, the most important of them is that the Iraqi legislator has made arbitration between the parties to the conflict optional under Article (27/4) of the Investment Law No. (13) for the year 2006 as amended provided that this agreement is in writing and the subject metter of the dispute is specified in it ,It also concluded a group of results, the most important of them is that the Iraqi legislator must expedite the enactment of the arbitration law, which has already been prepared since 2011, but has not yet been presented to the House of Representatives for the purpose of discussing and voting on it.