THE ROLE OF ARBITRATION IN ATTRACTING FOREIGN INVESTMENTS ACCORDING TO LAW 22-18 ON INVESTMENT
Main Article Content
Abstract
Arbitration, as a system characterized by its speed in resolving and settling disputes, represents a departure from traditional litigation – the judiciary – or serves as an alternative for foreign investors who may lack sufficient knowledge of the host country's legal system. This makes international private parties prefer arbitration to settle disputes rather than resorting to the courts. This study aims to shed light on the role arbitration plays in attracting foreign investments under Law No. 22-18 related to investment. Among the key findings of this study is that arbitration has become a guarantee for foreign investors under investment laws. Additionally, it has contributed to alleviating the burden on the judiciary due to the lengthy litigation procedures.
Article Details
This work is licensed under a Creative Commons Attribution-NonCommercial-NoDerivatives 4.0 International License.
References
Ibrahim Ismail Ibrahim Al-Rubaie, Arbitration as a Procedural Guarantee for Resolving Investment Disputes: A Comparative Study, Faculty of Law, University of Babylon, Iraq, undated.
Khaled Kamal Akasha, The Role of Arbitration in Resolving Investment Contract Disputes: A Comparative Study of Legislation in Arab and Foreign Countries and International Agreements, with Specific Focus on the Washington (ICSID) Center, 1st Edition, Dar Al-Thaqafa for Publishing and Distribution, Jordan, 2014, pp. 166–167.
Khaled Mohammed Al-Qadi, International Commercial Arbitration Encyclopedia, Dar Al-Shorouk, Cairo, 2002.
Farah Menani, Arbitration as an Alternative Dispute Resolution Mechanism: According to the Latest Amendments to the Civil and Administrative Procedures Code, Dar Al-Huda, Algeria, 2010.
Alaa Mohiuddin Mustafa Abu Ahmed, Arbitration in Administrative Contract Disputes in Light of Positive Laws, International Treaties, and Arbitral Court Rulings: A Comparative Study, New University House, Egypt, 2008.
Omar Saadallah, International Trade Law: Contemporary Theory, 2nd Edition, Dar Houma, Algeria, 2009.
Lazhar Ben Said, International Commercial Arbitration: According to the Civil and Administrative Procedures Code and Comparative Laws, Dar Houma, Algeria, 2012.
Theses:
Mouna Boukhtala, Arbitration as a Means of Resolving Disputes in Investment, Master's Thesis in Public Law, Economic Regulation Branch, Faculty of Law, University of Constantine 1, Algeria, 2012/2013.
Mohamed Mejoul, Arbitration in International Investment Contract Disputes, Master's Thesis in International Relations Law, Faculty of Law and Political Science, Kasdi Merbah University, Ouargla, Algeria, 2015.
Legal Documents:
Law No. 08-09 dated February 25, 2008, containing the Civil and Administrative Procedures Code, as amended, Official Gazette No. 21 dated April 23, 2008.
Law No. 22-18 dated 25 Dhu al-Hijjah 1443 (corresponding to July 24, 2022), concerning investment, Official Gazette No. 50 dated 29 Dhu al-Hijjah 1443 (corresponding to July 28, 2022).