THE ROLE OF INTERNATIONAL COMMERCIAL ARBITRATION IN ENHANCING FOREIGN DIRECT INVESTMENT: LESSONS FOR ALGERIA
Following the upsurge and development in the globalized and emerging economies, commercial misunderstanding and disputes transcending national borders may also be on the rise. Such disputes can hamper the economic activities and operation within those emerging economies, in particular those activiti...
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| Format: | Article |
| Language: | English |
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UUM Press
2020-07-01
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| Series: | UUM Journal of Legal Studies |
| Subjects: | |
| Online Access: | https://www.e-journal.uum.edu.my/index.php/uumjls/article/view/6949 |
| _version_ | 1797938103888904192 |
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| author | Takyeddine Hathout Rohana Abdul Rahman Mohd Zakhiri Md. Nor |
| author_facet | Takyeddine Hathout Rohana Abdul Rahman Mohd Zakhiri Md. Nor |
| author_sort | Takyeddine Hathout |
| collection | DOAJ |
| description | Following the upsurge and development in the globalized and emerging economies, commercial misunderstanding and disputes transcending national borders may also be on the rise. Such disputes can hamper the economic activities and operation within those emerging economies, in particular those activities related to the foreign direct investment. National legal mechanism may not be attractive to international investors. Instead, international commercial arbitration (ICA) could be a preferred choice by foreign investors through which contractual disputes can be resolved via independent forum because it helps to foster market efficiency, facilitate foreign direct investment and protect the interest of foreign investors. To offer insights on this issue theoretically and empirically, this paper presents a logic-based and empirically based conceptual discussion to investigate the influence of ICA on FDI, in particular its application in the context of Algeria and the importance of domestic courts’ execution of arbitral awards. The paper finds that ICA is indispensable to contractual conflict resolution and can consequently assists FDI inflows into the country that entrenches it. Algeria may increase FDI inflows by strengthening the legal framework for arbitration through the enhancement of national laws relating to ICA and guaranteeing their effective execution and enforcement by local judicial system.
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| first_indexed | 2024-04-10T18:55:34Z |
| format | Article |
| id | doaj.art-410d283806e84262bd7748db2e1f17f3 |
| institution | Directory Open Access Journal |
| issn | 2229-984X 0127-9483 |
| language | English |
| last_indexed | 2024-04-10T18:55:34Z |
| publishDate | 2020-07-01 |
| publisher | UUM Press |
| record_format | Article |
| series | UUM Journal of Legal Studies |
| spelling | doaj.art-410d283806e84262bd7748db2e1f17f32023-02-01T03:10:21ZengUUM PressUUM Journal of Legal Studies2229-984X0127-94832020-07-01112THE ROLE OF INTERNATIONAL COMMERCIAL ARBITRATION IN ENHANCING FOREIGN DIRECT INVESTMENT: LESSONS FOR ALGERIATakyeddine Hathout0Rohana Abdul Rahman1Mohd Zakhiri Md. Nor2School of Law, College of Law, Government and International Studies, Universiti Utara Malaysia, Kedah, MalaysiaSchool of Law, College of Law, Government and International Studies, Universiti Utara Malaysia, Kedah, MalaysiaSchool of Law, College of Law, Government and International Studies, Universiti Utara Malaysia, Kedah, MalaysiaFollowing the upsurge and development in the globalized and emerging economies, commercial misunderstanding and disputes transcending national borders may also be on the rise. Such disputes can hamper the economic activities and operation within those emerging economies, in particular those activities related to the foreign direct investment. National legal mechanism may not be attractive to international investors. Instead, international commercial arbitration (ICA) could be a preferred choice by foreign investors through which contractual disputes can be resolved via independent forum because it helps to foster market efficiency, facilitate foreign direct investment and protect the interest of foreign investors. To offer insights on this issue theoretically and empirically, this paper presents a logic-based and empirically based conceptual discussion to investigate the influence of ICA on FDI, in particular its application in the context of Algeria and the importance of domestic courts’ execution of arbitral awards. The paper finds that ICA is indispensable to contractual conflict resolution and can consequently assists FDI inflows into the country that entrenches it. Algeria may increase FDI inflows by strengthening the legal framework for arbitration through the enhancement of national laws relating to ICA and guaranteeing their effective execution and enforcement by local judicial system. https://www.e-journal.uum.edu.my/index.php/uumjls/article/view/6949International commercial ArbitrationForeign Direct InvestmentAlgeria |
| spellingShingle | Takyeddine Hathout Rohana Abdul Rahman Mohd Zakhiri Md. Nor THE ROLE OF INTERNATIONAL COMMERCIAL ARBITRATION IN ENHANCING FOREIGN DIRECT INVESTMENT: LESSONS FOR ALGERIA UUM Journal of Legal Studies International commercial Arbitration Foreign Direct Investment Algeria |
| title | THE ROLE OF INTERNATIONAL COMMERCIAL ARBITRATION IN ENHANCING FOREIGN DIRECT INVESTMENT: LESSONS FOR ALGERIA |
| title_full | THE ROLE OF INTERNATIONAL COMMERCIAL ARBITRATION IN ENHANCING FOREIGN DIRECT INVESTMENT: LESSONS FOR ALGERIA |
| title_fullStr | THE ROLE OF INTERNATIONAL COMMERCIAL ARBITRATION IN ENHANCING FOREIGN DIRECT INVESTMENT: LESSONS FOR ALGERIA |
| title_full_unstemmed | THE ROLE OF INTERNATIONAL COMMERCIAL ARBITRATION IN ENHANCING FOREIGN DIRECT INVESTMENT: LESSONS FOR ALGERIA |
| title_short | THE ROLE OF INTERNATIONAL COMMERCIAL ARBITRATION IN ENHANCING FOREIGN DIRECT INVESTMENT: LESSONS FOR ALGERIA |
| title_sort | role of international commercial arbitration in enhancing foreign direct investment lessons for algeria |
| topic | International commercial Arbitration Foreign Direct Investment Algeria |
| url | https://www.e-journal.uum.edu.my/index.php/uumjls/article/view/6949 |
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