Understanding Investment Arbitration in the Gulf
Overview
This Practice Note introduces the reader to the universe of investment arbitration in the GCC Countries. It describes the economic backdrop and rationale to investment laws and agreements in the region.
The Practice Note explains the concept and meaning of investment arbitration more generally. In doing so, it guides the reader on:
how an investor obtains the right to arbitrate against a State;
what substantive protections/ defences are commonly available to an investor/ a host State under regional investment laws and investment treaty frameworks; and
how an investor will qualify for protection under them (admissibility criteria).
The Practice Note also explores to some extent the distinction and interaction between contractual and investment treaty arbitration for the resolution of investment disputes.
Definitions
AIC: Arab Investment Court, established under the Arab Investment Agreement.
Arab Investment Agreement: Unified Agreement for the Investment of Arab Capital in the Arab States, signed in Amman, Jordan, on 26 November 1980, as amended in 2013.
Arab Spring: The political and social upheaval across the Middle East and North Africa, in particular Tunisia, Libya, Syria, Egypt and Bahrain, commencing in 2010.