Revue de droit des transports et des activités portuaires
Volume 10, Numéro 1, Pages 78-86
2023-03-31

The State Consent To Investment Arbitration In Maghreb Countries

Authors : Trari Tani Mostefa .

Abstract

As everyone knows, mutual consent is essential issue in arbitration whatever its nature, commercial, maritime or relating to investment. When we talk about consent in arbitration in general, we mean the way to get it traditionally by the accordance of an offer from one party of a relationship to solve the disputes by arbitrators, accepted by another person who agrees to do so. This accordance could occur in a contracting conference or behalf various means of communication. It's what I will call: arbitration relying on a specific convention of arbitration, which takes the two following forms: - A clause taking place in a contract relating to a probable dispute in the performance of this contract. - A convention signed by the contractors relating to a dispute which took place between them after the signature of the convention of arbitration.

Keywords

State consent ; investment ; arbitration ; Maghreb countries