International Commercial Arbitration can be used to resolve investment disputes between private investors and the host country. As the specialty of investment disputes between investors and the host countries, the ICSID is established to technically tackle the problem between private investors the host countries. In that case, the Argentine Mr. Maffezini requests for the international arbitration for his investment in Spain SODIGA Company, as well as the nature of the problem since he decides to withdraw from the joint venture and his investment in Spain and suffers from the injustice of the Spanish authorities, which is conducted through the International Commercial Arbitration of the ICSID.
International Commercial Arbitration is a cross-border deal with the factors between the private and national or private commercial dispute, which is totally dependents on the voluntary implementation of the parties. In this case Maffezini demonstrates that in 1991,
Argentina and Spain signed bilateral investment agreement and terms Of ICSID arbitration, which is agreed by Spain, and based on the Argentina - Spain BIT in the most-favored-nation (MFN) provisions, a cited Chile and Spain in 1991, signed bilateral investment agreements and apply the relevant provisions of the International Commercial Arbitration, the use of Business on the occasion of the International Court of jurisdiction over litigation and other issues, but also easier to implement. As a legal solution, the process of Arbitration is controlled by the parties , presided over by a neutral third party, in favor of a just settlement of the dispute, but also conducive to the maintain the relationship between the host countries and its investors and the government. Especially for The host country, to agree to use ...