Addressing investment disputes in the light of modern and traditional approaches (judicial and non-judicial)

Document Type : Original Article

Authors

1 PhD Student, Department of Private Law, Shiraz Branch, Islamic Azad University, Shiraz, Iran.

2 Assistant Professor, Department of Law, Shiraz Branch, Islamic Azad University, Shiraz, Iran

3 Faculty member, Department of Law, Shiraz Branch, Islamic Azad University, Shiraz, Iran.

Abstract

In feedback on investment contracts, what is relevant in the event of a dispute is arbitration, which can also be created in the realm of the investor government, which must be acknowledged as a complex function of different elements with compatible or different interests. This study evaluates economic diplomacy in investment on the one hand and the jurisdiction of the courts, the role of the arbitration body, the situation and position of the parties after the issuance of arbitration, the main differences between oxide and non-oxide arbitration that can be caused by investment disputes. , He pays. However, the jurisdiction of arbitration authorities in investment arbitrations is usually based on the proposal and arbitration agreement by the parties to the contract or natural and legal persons. This article tries to analyze the arbitration procedure and its structure in the form of arbitration authorities such as oxide, incitral and other authorities with an analytical and descriptive method and examine and analyze the criteria for recognizing dispute resolution in this area. The data show; Arbitration authorities and arbitration procedures can be different in dealing with the type of investment and the type of litigation. In other words, the procedures and criteria for diagnosis in different authorities in international arbitration are different and each is in its own way.

Keywords

Political Sociology of Iran
Volume 5, Issue 7
September 2022
Pages 383-396

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