Title: Analysis of the main problems and issues in arbitration of the foreign investment disputes: the concept of investment dispute and multiplicity of arbitration disputes relating to the same investment

Authors: Nour Hamed Alrhoom Alhajaya; Ramzi Madi; Tariq Kameel

Addresses: College of Law, Al Ain university, P.O. Box 64141, Al Ain, UAE ' College of Law, Al Ain University, P.O. Box 112612, Abu Dhabi, UAE; Al al Bayt University, Mafraq, Jordan ' Private Law Department, College of Law, Al Ain University, P.O. Box 64141, Al Ain, UAE; Arab American University, Jenin, Palestine

Abstract: Perhaps the most important problem with arbitration as a means of settling investment disputes, is to identify the concept of the investment dispute, identify parties, and indicate the criteria that are adopted to determine whether we are going to invest or not. Accordingly, we have identified in this research what is meant by an investment dispute, the parties to that dispute, and the criteria upon which to determine whether there is an investment or not, including: 1) the capital contribution to the host country's economy over a certain period of time that allows for the building of continuous links between the investor and the host country; 2) giving the investor the right to exercise real influence and control over the management of his investment project; 3) this investment generates income; 4) investment is at particular risk and 5) stimulating the economic development of the host country. We have also identified the other problem facing arbitration in investment disputes, namely, the multiplicity of arbitration disputes relating to the same dispute, and the need to apply the positive and negative impact of binding force of res judicata and to deny other solutions to this problem.

Keywords: arbitration; investment dispute; foreign investor.

DOI: 10.1504/IJEBR.2024.136155

International Journal of Economics and Business Research, 2024 Vol.27 No.1, pp.93 - 110

Received: 08 Jun 2021
Accepted: 24 Aug 2021
Published online: 19 Jan 2024 *

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