الآداب (Nov 2024)
The Role of the Arbitration System in Resolving Foreign Investment Disputes by Applying to the Kingdom of Saudi Arabia
Abstract
International commercial arbitration is considered a means of settling existing international commercial disputes and an important means of avoiding the emergence of any disputes in the long term. The arbitration method for settling the dispute has its own characteristics: The dispute is settled by a final ruling and is characterized by a contractual nature between the arbitrator and the party he chose, either directly or indirectly through one of the bodies. The permanent arbitrator who is chosen based on that agreement is not subject to the party that chose him, but he is independent and neutral in performing his task, and does not receive instructions or directions from the party that chose him. The Saudi regulator was interested in regulating the provisions and controls of general arbitration and international commercial arbitration in particular, by issuing the arbitration system, the subsequent issuance of the executive regulations, the decisions regulating the arbitration process, and expanding the establishment of international arbitration centers such as the Saudi Center for International Commercial Arbitration. All of this had a significant impact in encouraging foreign direct investments, which helped resolve disputes resulting from these investments quickly and professionally. My research has three main sections. 1- The concepts of arbitration and foreign direct investment. 2- Explaining the arbitration agreement and its characteristics and approving the arbitration agreements. 3- We addressed a more specific aspect of international commercial arbitration in Saudi Arabia.
Keywords