الملخص الإنجليزي
Countries are actively seeking today to attract foreign capital. The most important
aspect of attracting foreign capital consists of supporting economic development in
the host country and ensuring its long-term economic stability. In addition, there
are other benefits such as technology transfer and technical expertise, and the
training of national labor. To promote foreign investment, the Omani government
enacted a set of laws, the most important of which is the Foreign Capital
Investment Law issued by Royal Decree No. 50/2019.
The strength and robustness of the national legislation and the guarantees and
incentives it contains for the foreign investor can steer effectively foreign
investors. However, all incentives and guarantees are not sufficient for the foreign
investor unless the means for settling disputes that the foreign investor may be
exposed to in the host country are effective. Effective alternative dispute resolution
is a procedural guarantee of interest to foreign investors which they always seek to
maintain the stability of the investment given the money, time, and effort they will
spend.
The Omani legislator has enacted methods for settling foreign investment disputes
through the Foreign Capital Investment Law issued by Royal Decree No. 50/2019.
The legislator listed some means for settling foreign investment disputes, which
required studying in terms of their adequacy and effectiveness in settling foreign
investment disputes, through Three chapters. Those are: the introductory chapter,
which helps to understand the terms and types of foreign investment, a chapter on
amicable means for settling foreign investment disputes - mediation, negotiation
and conciliation - and a final chapter dealing with means for the adjudication of the
dispute - the judiciary and arbitration. Last chapter distinguishes one from the other
and researches the extent of its effectiveness to resolve the dispute in accordance
with Omani laws and its ability to attract investors by examining the Omani law
and others legislations.
