This Article is written by Gannatullah Muhammed, a Law Graduate of Faculty of Law English Section

INTRODUCTION:-

Ø Most probably both the promotion of investment and economic development of the contracting party is done by what is the so-called investment protection agreement, here comes the importance of the Investment Arbitration Rules.

Ø Since investment has several meanings, it has a meaning in the field of law and especially contract law it means to use money which is used in purchasing things in a specific way to generate revenue so that you increase your benefit.

Ø Arbitration is a way of resolving disputes between parties but it must be by agreement between parties whether before the dispute or after it they agree upon the rules, the applicable law, and everything so that disputes can be resolved easily and without delay due to the agreement element that must exist in any arbitration. Arbitration is important because nothing especially in the commercial field is free from conflicts that can disrupt the work which means that finding a way to resolve them is important especially if this way is made by agreement such as arbitration instead of courts that have specific rules may be not suitable for everything no matter how professional the courts are.

Ø About the legal definition of rules, we all agree that the rule of law is a binding direction to control society to be better and to maintain its morals.

Ø The investment Arbitration Rule is a way to resolve disputes especially arising from breaching of investment agreements between States and investors. Here comes the difference between investment Arbitration which is between the host state and investors and traditional commercial arbitration whether domestically or internationally

Thomas Schultz and Cédric Dupont /(2014)European Journal of International Law/ Investment Arbitration: Promoting the Rule of Law or Over-empowering Investors? 2024

THEN THE ELEMENTS ARE:-

1-Specific types of disputes that revolve around breaching of investment agreements here the investor files a claim against the state

2- secondly tribunal is made according to institutions chosen by parties such as common institutions such as the International Centre for Settlement of Investment Dispute, the United Nations Commission on International Trade Law, and the International Convention for Chamber it also may be specific rules such as ICDSI and VIAC rules provided by independent human arbitrators chosen by parties to arbitrate

3-thirdly the rules that are used to arbitrate preliminary meetings to set times and the main ones to set submission of written pleading, oral hearings, and evidence presentation

4-lastly the enforcement that the final goal which is the award whether it is compensation for loss or any other remedy to get rid of the loss that caused the problem to resolve the dispute is binding in several ways, especially by the arbitration process.

EXAMPLE:-

§ So if for example, an Indian company made a contract with Saudi Arabia to invest such as buying stocks to improve the service by cooperating then they disagreed upon the price of the revenue here they can choose to resolve the disputes by arbitration so the Indian company can fill a claim against the Saudi Arabia State then they must agree upon institutions to constitute a tribunal such as the international center for Settlement investment disputes which says that says once the register for arbitration is made the Secretary-General must notify the appointment of arbitrators then the permanently and main proceeding agreed by parties starting till reaching the award which may be compensation that the state must pay and binding through international agreement for example.

-Yannick Radi/ (2020) Cambridge University Press/Rules and Practices of International Investment Law and Arbitration/2024

§ Here there is a breach occurred by the state upon the price of the revenue agreed upon according to the contract so the company followed the steps by just showing the breach then the tribunal was made and the proceeding started till the award was made so the dispute has been resolved

IMPORTANCE AND ADVANTAGES:-

By applying Investment Arbitration Rules we can ensure

-justice by neutrality due to the presence of choosing element

- also flexibility as the parties can always tailor the process to their needs according to the circumstances

-we can also ensure expertise as the arbitrators that are chosen by parties are always experts in both international and Investment matters

-finally, enforceability as it is much easier to enforce than of court judgments

INVESTMENT ARBITRATION RULES IN EGYPT:-

Navigating Disputes in Egypt: The Rise of Investment Arbitration

Thinking of investing in Egypt? Great! But sometimes, even the best-laid plans can hit a snag. That’s where investment arbitration comes in – a powerful tool for foreign investors like you to settle disputes with the Egyptian government or state-owned companies in a neutral setting.

Strong Foundations: The Legal Framework

Imagine a solid building. The legal framework for investment arbitration in Egypt acts as its foundation. The cornerstone is the Egyptian Arbitration Law (EAL), a law based on international best practices with some Egyptian tweaks. Think of it as a clear set of instructions for everything from picking arbitrators to enforcing decisions.

Beyond Domestic Law: International Agreements

But Egypt doesn’t stop there. They’ve signed numerous international agreements called Bilateral Investment Treaties (BITs) and Multilateral Investment Treaties (MITs).Johan Billiet, Maria Elenora Benini, Cari-Dee Le, Amélie Noilhac, and Cecile Oosterveen /(2016)Google Books/International Investment Arbitration: A Practical Handbook/2024

Institutions: Making Arbitration Smooth Sailing

Now, picture a skilled crew navigating a ship. Institutions like the Cairo Regional Centre for International Commercial Arbitration (CRCICA) play that role. Established in 1979, CRCICA helps manage arbitration cases and provides services to ensure everything runs smoothly.

Keeping Up with the Times: Recent Developments

Just like technology is constantly evolving, so too is investment arbitration in Egypt. They’ve been actively updating their laws to reflect the latest international standards. Think faster and more efficient processes, with features like online communication and virtual hearings.

Challenges and Opportunities: A Look Ahead

Of course, no journey is without its bumps. Enforcing arbitration awards, especially against state entities, can be complex. Additionally, there have been instances of court intervention in arbitration cases.

But here’s the good news: the future looks bright! The increasing number of investment treaties and the dedication of institutions like the CRCICA create a fertile ground for arbitration to flourish. Plus, there’s a strong focus on training skilled professionals to ensure a smooth future for arbitration in Egypt.

In Conclusion: Egypt – A Strong Player in Global Arbitration

With a robust legal framework, active institutions, and a commitment to modernization, Egypt is a significant player in the global arbitration landscape. It offers a secure and efficient platform for resolving investment disputes, giving you peace of mind as you embark on your business ventures in this exciting region.

Stefan Kröll, Andrea K. Bjorklund, and Franco Ferrari/ (2023) Cambridge University Press/ Investment Arbitration and the Rule of Law/2024

CONCLUSION:-

As we reflect on the current landscape of investment arbitration, it becomes clear that this is not just about legal frameworks or economic benefits; it is about real people and the communities they belong to. The intricate dance between investors and host states often involves multiple stakeholders whose lives can be significantly impacted by arbitration outcomes. For individuals and families in host countries, foreign investments can open doors to new jobs, infrastructure improvements, and access to technology. Conversely, these same investments can lead to displacement, environmental degradation, or neglect of local needs if not managed properly.

Therefore, when we talk about investment arbitration, we should also talk about the voices of those who are often marginalized in these discussions—local communities, workers, and even the environment. Humanizing this process involves acknowledging that behind every investment decision are individuals with hopes, dreams, and rights. By placing human experiences at the center of arbitration discussions, we can foster a sense of equity and justice that has been somewhat lacking. This means not just the legal rights of investors but the human rights of everyone affected by investment activities.

Moreover, as we push for more transparency and inclusiveness in arbitration processes, we create opportunities for dialogue and understanding. Ensuring that local communities are heard in these discussions can lead to more balanced outcomes that honor both the rights of investors and the public interest. This holistic approach can promote a healthier relationship between investors and host nations, paving the way for sustainable development that benefits all parties involved.

In reshaping the arbitration landscape through a humanistic lens, we can strive toward a system that reflects not only the legalities of investment but also the ethical imperatives that guide our shared aspirations for a better future. Ultimately, this journey is about more than rules and procedures; it is about nurturing a world where economic gains contribute to social well-being and the flourishing of communities, creating a win-win for all involved.

REFERENCES GUIDE:-

1-Thomas Schultz and Cédric Dupont /(2014)European Journal of International Law/ Investment Arbitration: Promoting the Rule of Law or Over-empowering Investors? 2024

2-Yannick Radi/ (2020)

Cambridge University Press/Rules and Practices of International Investment Law and Arbitration/2024

3-Johan Billiet, Maria Elenora Benini, Cari-Dee Le, Amélie Noilhac, and Cecile Oosterveen /(2016)Google Books/International Investment Arbitration: A Practical Handbook/2024

4-Stefan Kröll, Andrea K. Bjorklund, and Franco Ferrari/ (2023) Cambridge University Press/ Investment Arbitration and the Rule of Law/2024

5-C. L. Lim, Jean Ho, and Martins Paparinskis/ (2020) Cambridge University Press /International Investment Law and Arbitration/2024

6-Thomas Schultz/ (2015)Oxford Academic/ Investment Arbitration: Promoting the Rule of Law or Over-empowering Investors?