تسوية المنازعات الناشئة من استثمار الشركة المتعددة الجنسية في عقود الطاقة المتجددة (دراسة مقارنة)

Settlement of disputes arising from the investment of the multinational company in renewable energy contracts (A Comparative Study)

Summary
Indeed, the subject of the dispute settlements of the multinational companies concerning the investment contracts entered with the state is considered an important action that attracts the attention of most countries nowadays. The need for investments turned to be an indispensable issue for all countries, in particular with the matters related to the technology of renewable energy as it belongs to a significant location of the state’s resources as lands and waters. Therefore, the dispute settlements which appeared in interpreting and implementing such kinds of contracts are rather hard, due to the state’s impartiality to its national courts in the dispute settlements of these contracts. The state usually will be driven by the sovereignty principle on its lands and immunity. While the multinational companies, being a basic player in such contracts, due what own of huge technical and material capabilities, tend to be under the rules of the foreign justice or any friendly means which can make its interest, via the principle ( the pacta sunt servanda). And in case the company when entered with the state in a contract, will make it be treated equally and in parity in all the matters concerned implementing the contract including to settle all its disputes. And this will imply the parity between the parties in all the cases which will be raised by the contracts.
In this study, we attempt to compare with certain legal systems in Egypt, Emirate, and French law. With the help of the national agreement concerned of the investment dispute settlement, such as New York concord, on acknowledging the forging rule decisions and to implement it in 1959. Also, we include the Washington agreement to settle the disputes caused by the investment amid counties, and the foreigners in 1965, And with al-Riyadh Arabic agreement for the judicial cooperation in 1983 . Also, we let in this study, the UN agreement on transparency in 2014, adding the role of the last rule which Iraq issued on investment and settling the ways of dispute settlements and participating to increase the opportunities of Iraq to develop its economy and find solutions for renewable energy problems which increased continually. As well, the statement, No (74) in 2020 issued by the Supreme Judicial council which to set up as issue council on the traditional sources in every Iraqi province which connected the the courts of appeals. And the Iraqi law No (140 in 2021, in which the Republic of Iraq joined the New York agreement of acknowledging the foreign ruling decision in 1958