التحديات التي تواجه التحكيم في منازعات عقود الاستثمار في ليبيا

Abstract

This study discusses the obstacles and legal tools of the state and its bodies which are used to object on arbitration clause. The obstacles are imposed by the state to evade the arbitration agreement and use the national law for this purpose in any commercial dispute. This study focuses on the problem of state objection of arbitration agreement and the commitment of the state to its immunity as well as the weakness of arbitration regulations in the Libyan national law The study shows that the fist obstacle is the use of different legal ways in order to avoid the resort for arbitration in international courts. Where the second obstacle is based on the power enjoyed government such as its integrity and independence in which the principle of immunity is used to avoid arbitration in the court, while the verdict for arbitration is decided under the control of the state. Despite the state and its bodies accept the arbitration clause but when it comes to implement the verdict of arbitration issued from international court the state refuse to cooperate to protect its independence and bodies. The results show that the law of arbitration in Libya is not keeping pace with developments in the world economic developments as well as the commercial disputes and the requirement to amend the national legislations to cope with the spread of globalization. Therefore, the study recommends update the old legislation in particular the law of arbitration in order to attract foreign investment and swift joining with the international economic system.