الفهرس يوجد فقط 14 صفحة متاحة للعرض العام
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المستخلص
This research focuses on Investment’s Concept, as well as arbitration and international organizations’ role to publicize it. Moreover, it sheds light on the role of the International Bank for Reconstruction and Development in arbitration processes, through Settlement Investment Disputes Agreement, in an introductory chapter and two sections.
The introductory chapter includes the definition of investment in a legal and commercial point of view, other than international law and international treaties, whether mutual or collective, as well as procedures taken to define it. One of them is the exclusive counting statistic or the ideal list, as the most of national laws do not mention the definitions. Some laws contain the investment fields, as Egyptian Investment Law No. 8 of 1997, on the guarantees and motives of the investment. Other laws contained the meaning of investment. The research explains the investment kinds and types- foreign or national. Additionally, the research differentiates between direct and indirect investment, while presenting the method of differentiating between them- power and control. The introductory chapter ends with explaining the importance and the types of direct investment.
The Second section, titled ”Arbitration as a main method to settle the investment disputes and the role of international organizations and treaties in its prevalence”, focuses also on the concept of arbitration since beginning, and developing it to cope with the current economic development, and its importance as a method to settle disputes between investors and country of investment. It is also discuses the urgent need to arbitration as a relief from the slowly and complicated traditional state judiciary, which is against the investment nature. Moreover, this section deals with characteristics of arbitration that appear in parties’ will and the legal procedures that organize it; in addition to the definition of arbitration and the difference between it and other judicial methods like conciliation, compromise, and experience. The research explains that investment spreads due to the increase of commercial and trade practice of the country, holding trade relations as an Independent Party. There was a survey on its nature and law and jurisdiction judiciary opinion, about characteristics that make it different from other procedures. It also deals with international agreements and protocols that lead to spreading, as well as provisions and laws of such agreements.