شرط مفترق الطريق في معاهدات الاستثمار الثنائية تنازع الاختصاص المحلي والتحكيم التجاري الدولي

Abstract

Parties may use the arbitration agreement to broaden the jurisdiction of the arbitral tribunal, or to narrow its scope. Arbitration agreements that include the so-called "fork-in- the-road" clause prevent investors from using the multiple dispute resolution mechanisms set out in the agreement. In other words, by initiating actions the investor will have made an irreversible choice. However, investors are often attracted to proceedings in the host country, however, not every appearance before local courts will constitute an option under the "fork-in-the-road" clause. The arbitration tribunals have set the criteria according to which the investor will be considered to have chosen the path. The investor will be prevented from initiating arbitration if he has previously tried to resolve the dispute itself before the local courts or that the same parties have participated in domestic procedures and in international arbitration, that is, there must be an identity for the parties to the dispute. Often the parties choose to include the "fork-in-the-road" clause in arbitration agreements. Iraq has included this clause in most of its new bilateral investments' treaties