The chapter at hand attempts to explore the function of international arbitration in the resolution of disputes related to foreign technology companies and host governments. The research takes into account a review of relevant legal and legislative literature concerning international arbitration and technology investment agreements to assess whether arbitration is effective as a preferred mechanism for resolving such disputes and whether it is efficient enough. It also looks into several cases filed under the International Centre for Settlement of Investment Disputes (ICSID) to help understand the different mechanisms through which arbitration can settle disputes but with speed and effectiveness, as well as confidentiality and neutrality. The results show that international arbitration is a fair and effective way to resolve conflicts between foreign technology companies and host countries, thus building trust and acting fairly. Moreover, the findings reflect that a considerable number of foreign investors in technology would choose arbitration rather than going through national courts because it is speedy, and confidential, plus it helps avoid the biases of national court.

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The Role of International Arbitration in Settling Disputes Involving Foreign Technology Companies

  • Yasar Alhiniti,
  • Khalif Saleh Dhiab Amoush

摘要

The chapter at hand attempts to explore the function of international arbitration in the resolution of disputes related to foreign technology companies and host governments. The research takes into account a review of relevant legal and legislative literature concerning international arbitration and technology investment agreements to assess whether arbitration is effective as a preferred mechanism for resolving such disputes and whether it is efficient enough. It also looks into several cases filed under the International Centre for Settlement of Investment Disputes (ICSID) to help understand the different mechanisms through which arbitration can settle disputes but with speed and effectiveness, as well as confidentiality and neutrality. The results show that international arbitration is a fair and effective way to resolve conflicts between foreign technology companies and host countries, thus building trust and acting fairly. Moreover, the findings reflect that a considerable number of foreign investors in technology would choose arbitration rather than going through national courts because it is speedy, and confidential, plus it helps avoid the biases of national court.