Given the importance of investments, a number of international and regional conventions have been set up in order to protect the parties to investment contracts by adopting arbitration as a method to resolve any dispute that might arise from such contracts. Despite the importance of commercial arbitration for foreign investment treaties and contracts, the process of its application has revealed many of the risks investment poses to the host, particularly Arab, country. This is because commercial arbitration has often been used as a legal means to protect foreigners from the harmful consequences that their investments have had on the environment. The most negative aspects of international commercial arbitration for foreign investment contracts are the modern trends that have been adopted in the field of arbitration, where host countries must comply even when their local laws and public policies are being violated.
M. Wang“Are alternative dispute resolution methods superior to litigation in resolving disputes in international commerce?”Arbitration International16(2) (2000): 189. F. Galina “Arbitration and the challenge of globalization” Journal of International Arbitration 17(4) (2000): 118.
A. Redfern“International commercial arbitration, jurisdiction denied: The pyramid collapses”Journal of Business Law(1986): 15; M.J. Mustill “Transnational arbitration in English law” Current Legal Problems 37 (1984): 136.
R. Briner“Philosophy and objectives of the Convention” in Enforcing Arbitration Awards under the New York Convention.(New York: United Nations 1999) p. 9. A. Asouz International Commercial Arbitration and African States Practice Participation and Institutional Development (Cambridge University Press 2001) pp. 456-457. H.M. Holtzmann “Commentary” International Arbitration 60 Years of ICC Arbitration a Look at the Future (1984): 362. E. Cardenas “Benefits of membership” in Enforcing Arbitration Awards under the New York Convention (New York: United Nations 1999). p. 15. D. Westin “Enforcing foreign commercial judgments and arbitral awards in the United States West German and England” Law & Policy in International Business Journal 19 (1987): 325.
Rasha Ali Din“The settlement of disputes, construction contracts, exploitation and delivery (bots) with a foreign element to study in the framework of the International Centre for Settlement of Investment Disputes” in Proceedings of the XVIIIth Conference on Construction Contracts and Construction between the Traditional Legal Rules and Legal Systems Developed(Dubai 2010).
As cited in Amal Abdallah“The impact of ICSID award in desert line case state’s liability for lack of security in construction contract” in Proceedings of the 18th Annual Conference on Building and Construction Contracts between Traditional Legal Rules and Development Legal Systems(Dubai 2009).
Lafi Daradkeh“Dispute settlement mechanism of construction contracts and construction: The solution by negotiation and resolve by arbitration, a comparative study between the rules of the old edition of FIDIC in 1987, and the rules of modern edition of FIDIC in 1999” in Proceedings of the XVIIIth Conference on Construction Contracts between the Traditional Legal Rules and Developed Legal Systems(Dubai 2010). Ahmed Khalil Ali “Alternatives to litigation when the settlement of disputes arising from a civil engineering contracting business Conference proceedings” in Proceedings of the XVIIIth Conference on Construction Contracts between the Traditional Legal Rules and Developed Legal Systems (Dubai 2010). Muhammad Muhammad Sadat “Mechanisms for settling disputes arising from the FIDIC contracts: a study in light of the rules of the International Federation of Consulting Engineers” in Proceedings of the XVIIIth Conference on Construction Contracts between the Traditional Legal Rules and Developed Legal Ssystems (Dubai 2010).
Nasser Khalil Jalal“BOT contract between the private law and public law and its impact on attracting investments comparative research” in Proceedings of the XVIIIth Conference on Construction Contracts between the Traditional Legal Rules and Developed Legal Systems(Dubai 2010).
Kamran Hussain Salhi“Means of BOT contracts for the settlement of disputes through friendly (arbitration as a model) in light of the UAE law” in Proceedings of the XVIIIth Conference on Construction Contracts between the Traditional Legal Rules and Developed Legal Systems(Dubai 2010).
Hamza Haddad“Modern trends in international commercial arbitration” in Proceedings of the Working Symposium on Civil and Commercial Arbitration under the Law Islamic Law and International Conventions(Qatar 2001).
V. Shaleva“The public policy exception to the recognition and enforcement of arbitral awards in the theory and jurisprudence of Central and East European states and Russia”Arbitration International19 (2003): 67-93. J.G.D. Enterria “The role of public policy in international commercial arbitration” Law & Policy in International Business 21 (1990): 389–405.
Sanhoori Abdul RazakIntermediary to Explain Civil Code (Cairo: Dār al-Nahda1964) 399. Abdel Moneim Farag The Origins of Law Knowledge Institute (Alexandria: 1994) p. 76. Awad Ahmed al-Zoubi The Entrance to the Science of Law (Amman: Dār Wael 2001) pp. 121-129. Abbas Sarraf & George Hazboun The Entrance to the Knowledge of the Law (Amman: Dār al-Thaqafa 2005) p. 36.