The role of arbitration in settling disputes Foreign investment contracts
Keywords:
- Investment. - Investment contracts. - Foreign investment. - Investment disputes.Abstract
Abstract: The issue of investment is one of the issues that has an important and essential place in the priorities of countries, especially the developed ones, as it is any investment that leads to maximizing the returns achieved for individuals, and covers countries with stability and prosperity, but we find the size and shape of internal investments in general and foreign ones in particular differ between countries where we find them from countries The developing countries are weak, so it is necessary to pay attention scientifically and practically to investment and its fields, and when we return to the shape of the volume of investments in Iraq after 2003, we find that the means of progress are weak in comparison to the size of the available wealth and investment opportunities, and this is due to reasons including the planning crisis, the multiplicity of legislation, the form of state administration, the shift towards administrative decentralization and the most dangerous Those reasons are financial and administrative corruption, which has a significant impact on the delay and weakness of investment in Iraq.
References
books
-Ahmed Omar Al-Rawi, Studies of the Iraqi Economy after 2003, Dar Al-Doctor for Science / Baghdad, 2009.
-d. Abu Zaid Radwan, General Foundations of Commercial and International Arbitration, Dar Al-Fikr Al-Arabi / Cairo, 1981.
-d. Abu Zaid Radwan, General Foundations of Commercial and International Arbitration, Dar Al-Fikr Al-Arabi / Cairo, 1981.
- d. Ahmed Abu Al-Wafa, Optional and Compulsory Arbitration, Cairo, 1983.
- d. Ahmed Mohamed Abdel-Badie, Explanation of the Egyptian Arbitration Law / Comparative Study, Dar Al-Nahda Al-Arabia / Cairo, 2004.
-d. Amal Abdel Samad Al-Kout, Partnership Contracts (P.P.P), Modern Book Foundation, First, Lebanon, 2018.
- d. Bassem Muhammad Salih, Commercial Law (The General Theory of the Merchant, Cairo Commercial Contracts, Banking Operations, Socialist Commercial Sector), Al-Sanhouri Library / Baghdad, 2011.
-d. Georgi Shafiq Sari, Arbitration and the extent of resorting to it to settle disputes in administrative contracts, Dar Al-Nahda Al-Arabiya in Cairo, 2005.
-d. Hafiza Al-Sayed Haddad, Brief in the General Theory of International Commercial Arbitration, first edition, Al-Halabi Human Rights Publications / Beirut, 2004.
- d. Sherif Mohamed Ghannam, The Effect of Change in International Trade Contracts and Their Contribution of Circumstances to the Unification of the Cairo Clause, Cairo, Cairo, Cairo, 2000.
- d. Ali Awad Hassan, Optional Arbitration and Compulsory Arbitration in Civil and Commercial Disputes, University Thought House / Alexandria, 2001.
- d. Majid Ragheb Al-Helou, Administrative and Arbitration, New University House / Alexandria, 2004.
- d. Malallah Jaafar, rights and guarantees of the contractor with management and arbitration in the administrative contract / a comparative study, Al-Halabi human rights publications, first edition, 2014.
- d. Maher Salih Allawi, Mediator in Administrative Law, without a publishing house, Iraq, 2009.
- d. Muhammad Abdel Majeed Ismail, International Works Contracts and Arbitration Therein, Al-Halabi Human Rights Publications, Beirut, 2003.
- Rawa Younis Mahmoud Al-Najjar, The Legal System for Foreign Investment / A Comparative Study, Dar Al-Kutub Al-Qanuni, Cairo, 2012.
- Oqba Al Khadrawi, Arbitration Laws in Arab Countries, First Edition, Al Akkad Law Library / Alexandria, 2001.
Messages and treatises
- Hossam Abdel-Latif Mohi, The Role of Arbitration in Internal Arbitration, a master's thesis submitted to the Council of the Faculty of Law / Al-Nahrain University, 2007.
- Hussein Yamina, The Parties’ Consensus on Arbitration before the International Center for Settlement of Investment Disputes, a master’s thesis submitted to the Council of the Faculty of Law and Political Science / Mouloud Mamari University / Algeria, 2011.
- Omar Latif Karim Al-Obeidi, Settlement of Investment Disputes / Master Thesis / Cairo University / Faculty of Law, 2013.
- Maher Mohsen Abboud Al-Khikani, Legal Regulation of Investment Guarantees (Comparative Study), Master Thesis submitted to the Council of the College of Law / University of Babylon, 2011.
Research and articles
-Bassem Alwan Tohme, Iraqi Investment Law No. 13 of 2006 amended in Al-Mizan, published in Al-Huqooq Journal, fifth year, second issue, 2013.
- Hassan Hantoush Rashid and Aqeel Karim Zughair, Foreign Investment between Law and Economics, research published in the Journal of Rights, fifth year, third issue, 2013.
- Hanan Khaled Hanash, The Role of Indirect Foreign Investment, Revitalizing the Iraq Stock Exchange, an article published on the website. http: qu.eda.iq
- d. Ibrahim Muhammad Al-Qusour, The Legal Nature of International Investment Contracts, Seventh Issue, December 2015.
-d. Akram Fadel Saeed Noseir, third edition (July-August-September), 2011.
-d. Othman Salman Ghaylan, The Right to Invest in the Iraqi and Comparative Constitution, research published in the Journal of Legislation and Judiciary, the sixth year, the second issue (April - May - June), 2014.
-d. Kamel Kazem Bashir, National and Foreign Investment in Iraq, Priorities and Mechanisms, research published in the Journal of Thought Dialogue on the Iraqi Center for Research and Future Studies.
- d. Muhammad Ali Ibrahim Al-Amiri and d. Nagham Hussein Nehme, the possibility of hosting foreign direct investment in reality and challenges, a research published in the Iraqi Journal of Administrative Sciences / Al-Mustansiriya University, Issue 15, 2007.
-d. Ali Awad Hassan, Optional Arbitration and Compulsory Arbitration in Civil and Commercial Disputes, University Thought House / Alexandria, 2001.
-d. Issa Muhammad Al-Ghazali, Foreign Direct Investment - Definitions and Issues - Periodic Series Concerned with Development Issues in Arab Countries, First Issue, Third Year, 2004.
-d. Majid Ragheb Al-Helou, Administrative Contracts and Arbitration, New University House, Alexandria, 2004.
-d. Malallah Jaafar, rights and guarantees of the contracting party with management and arbitration in the administrative contract / a comparative study, Al-Halabi human rights publications, first edition, 2014.
-d. Maher Salih Allawi, Mediator in Administrative Law, without a publishing house, Iraq, 2009.
- d. Muhammad Abdel Majeed Ismail, International Works Contracts and Arbitration Therein, Al Halabi Human Rights Publications, Beirut, 2003.
-Rawa Younis Mahmoud Al-Najjar, The Legal System for Foreign Investment / A Comparative Study, Dar Al-Kutub Al-Qanuni, Cairo, 2012.
-Oqba Al Khadrawi, Arbitration Laws in Arab Countries, first edition, Al Akkad Law Library / Alexandria, 2001.
Messages and treatises
- Bassem Saeed Younis, voluntary arbitration as a means to settle international contract disputes / a comparative study, master's thesis / College of Law, University of Baghdad, 1980.
- Hossam Abdel-Latif Mohi, The Role of Arbitration in Internal Arbitration Procedures, a master's thesis submitted to the Council of the Faculty of Law / Al-Nahrain University, 2007.
-Hussein Yamina, the parties agree to arbitration before the International Center for Settlement of Investment Disputes, a master's thesis submitted to the Council of the Faculty of Law and Political Science / Mouloud Mamari University / Algeria, 2011.
- Omar Latif Karim Al-Obeidi, The Judicial and Consensual Role in Settlement of Investment Disputes / Master's Thesis / Cairo University / Faculty of Law, 2013.
-Maher Mohsen Abboud Al-Khikani, Legal Regulation of Investment Guarantees (Comparative Study), Master Thesis submitted to the Council of the College of Law / University of Babylon, 2011.
Research and articles
- Bassem Alwan Tohme, Iraqi Investment Law No. 13 of 2006 amended in Al-Mizan, a research published in the Journal of Rights, fifth year, second issue, 2013.
-Baqir Abdul-Kazim Ali, Means of Settlement of Investment Disputes Under Misleading (AcsiD) and Guarantees of the Parties to the Dispute Therein, research published in Al-Qadisiyah Journal of Law and Political Science, Issue 1, Volume 5, June, 2012.
-Hassan Hantoush Rashid and Aqil Karim Zughair, Foreign Investment between Law and Economics, research published in the Journal of Rights, fifth year, third issue, 2013.
-Hanan Khaled Hanash, The Role of Indirect Foreign Investment in Revitalizing the Iraq Stock Exchange, an article published on the website. http:qu.eda.iq
- d. Ibrahim Muhammad Al-Qusour, The Legal Nature of International Investment Contracts, a research published in the Journal of Legal and Sharia Sciences, No. 7, December 2015.
- d. Akram Fadel Saeed Naseer, The Role of Investment Law in Attracting Foreign Investments in Iraq, research published in the Journal of Legislation and Judiciary, third year, third issue (July-August-September), 2011.
-d. Abdul Rahman Khalfi, International Commercial Arbitration in Petroleum Contracts, research presented at the Twenty-first Annual Energy Conference between Law and Economics, United Arab Emirates, 2013.
- d. Abdullah Abdul Karim Abdullah, a study on the general provisions of the agreement establishing the International Investment Guarantee Agency and the scope of its work, research published in the Journal of Legal Studies, Faculty of Law / Beirut University, second issue, 2004.
- d. Othman Salman Ghaylan, The Right to Invest in the Iraqi and Comparative Constitution, research published in the Journal of Legislation and Judiciary, the sixth year, the second issue (April-May-June), 2014.
- d. Kamel Kazem Bashir, National and Foreign Investment in Iraq, Priorities and Mechanisms, research published in the Journal of Thought Dialogue issued by the Iraqi Center for Research and Future Studies.
-d. Muhammad Ali Ibrahim Al-Amiri and d. Nagham Hussein Nema, the possibility of hosting foreign direct investment in Iraq, reality and challenges, a research published in the Iraqi Journal of Administrative Sciences / Al-Mustansiriya University, Issue 15, 2007.
- d. Muhammad Fathi Hammoud, Lights of Nationalization and the Responsibility of the Nationalized State, research published in the Lawyers' Journal (September-October), 1976.
- d. Mahmoud Al-Fayyad, (The Role of the Legislative Stability Clause in Protecting the Foreign Investor in Energy Contracts) Between Hypotheses and Problems of Application, research published in the College of Law / United Arab Emirates University, the twenty-first annual conference, 2013.
-Rasha Musa Jaafar, The role of the arbitration agreement in resolving foreign investment contract disputes, a research published in Ahl al-Bayt Magazine, the eleventh issue