إشكالية التحكيم أمام المركز الدولي (الاكسيد) بالاستناد لقوانين الاستثمار الداخلية (العراق انموذجا)

Abstract

The modality of arbitration was highlighted before the International Center for Settlement of Investment Disputes (ICSID) based on internal investment laws, and Iraq was mentioned as a model, as Iraq recently joined the Agreement on Settlement of Investment Disputes between States and Citizens of Other Countries, which entered into force in 1966 (the Washington Agreement) According to the Accession Law No. 64 of 2012. The study concluded that the arbitration of the International Center based on the internal laws of the countries related to investment is considered a form of compulsory or compulsory arbitration, because the parties are obliged to resort to arbitration by the International Center. And the existence of the close link between the arbitration of the International Center and the Iraqi investment laws, P (International Center (Makes it to be expected that disputes will arise between the parties concerned about the interpretation and application of these laws, to be decided through the arbitration of this international multilateral organization (the International Center). It is known that the unbalanced approach will directly affect the course of these disputes and thus the arbitration provisions of the International Center, which will lead to an arbitration mechanism in which the interests of foreign investors in achieving economic profit prevail over the interests of achieving the economic development of Iraq.