قضاء التحكيم الدوّلي ضمانة حمائية لحسم منازعات الاستثمار الأجنبي :التشريع الجزائري أنموذجاً

Abstract

Longer investment is one of the most important international sources for financing and developing economic activities, and this is why international interest in it has increased, especially kamame countries, including the Arab ones, and Algeria is among these countries that have gone through a series of reforms in light of the sluggish economy, fed up with legal reforms, the most recent of which was Law N°09/16 of 2016 related to investment promotion, and Law n°08/09 of 2008 related to civil and administrative procedures, these laws in which the Algerian legislator has devoted the space for international or international commercial arbitration as an alternative and subversive choice for resolving investment contract disputes, as it is a protective guarantee that the foreign investor can reassure in the state Algerian host of his capital. This is the guarantee that Algeria has made in its international agreements, even if that is at the expense of the national judiciary that has the primary competence to resolve such disputes, and the breach of balance between the interest of the state and the desire of the foreign investor to use it for arbitration.