Feasibility of applying the arbitration mechanism to settle lawsuits caused by acts that disrupt foreign investment.

Subject Areas : فصلنامه مطالعات میان رشته ای فقه

mahmoud Qomshal ¹ , Ahmad Moradkhani ² , Seyed mehdi Mirdadashi ³

1 - Ph.D.of Private Law, Faculty of Humanities, Islamic Azad University, qom Branch, Islamic Azad University, qom, Iran.
2 - Associate Professor Department of Fiqh and Fundamentals of Islamic Law, Faculty of Humanities, Islamic Azad University, qom Branch, Islamic Azad University, qom, Iran. (Corresponding Author)
3 - Assistant Professor Department of Private Law, Faculty of Humanities, Islamic Azad University, qom Branch, Islamic Azad University, qom, Iran.

Received: 2022-11-12 Accepted : 2023-01-28 Published : 2023-06-22

Keywords: Corruption, Foreign Investment, Arbitration, actions disrupting foreign investment, double taxation,

Abstract :

Foreign investment is one of the most important ways of transferring liquidity and technology from developed countries to developing countries, which has been the focus of many statesmen and policymakers in recent decades. One of the most important measures in order to optimally support the foreign investment process is to foresee appropriate legal mechanisms and especially arbitration in order to resolve disputes and lawsuits arising from it. Considering the perpetration of acts and procedures that disrupt foreign investment in every country as an undeniable fact, in this research, with a descriptive-analytical method, the feasibility of implementing the arbitration mechanism for the settlement of claims resulting from acts that disrupt foreign investment Been paid. The findings indicate that there are serious obstacles in Iran's current legal system regarding the referral of claims resulting from double taxation and the occurrence of economic corruption (in the form of violations) as the most important examples of acts that disrupt foreign investment. , 125 and 139 of the Constitution is one of the most important of them. The current situation requires that, if possible, reinterpretation of the above-mentioned principles should be carried out according to the current conditions and the upcoming needs on the part of the relevant interpretive institutions.