| المستخلص: |
Today, proliferation of capital markets sits more and more with the private sectors due to their huge financial and technological capacities and expertise. Most countries find that it is necessary to rely on this sector for the establishment, financing and management of investment projects. Private sector are nowadays substantially involved in the construction, management and funding of public infrastructure projects based on various types of contracts such as BOT, BOOT, BLOT, BROT, BOO, ROT, MOO etc. These types of contracts are usually complex in nature by virtue due to the number of parties involved, the corresponding number of contracts, enormous value and the length of the implementation period. Therefore, when settlement of disputes arise, appropriate and effective means to achieve natural justice in most friendly ways will be required negotiation, conciliation, mini-trial and arbitration to resolve disputes instead of resorting to the judiciary system. The writer believes means of arbitration is vital in resolving disputes of investment contracts, including BOT contracts, which are normally complex by its diverse financial and technical nature. This paper have looked at different cases where arbitration to settle disputes have been applied to avoid judicial systems and to protect the strategic investment projects where concerned parties have requested nullification of the final arbitrator’s award. The role of arbitrator in respect to the joint will of the Contracting Parties and the applicable laws in the settlement of disputes of B.OT contract, have also been discussed in this paper. With regard to the invalidity of the award of the arbitrators, it was found the legislature of the UAE has abounded the judicial ways to challenge the award of arbitrator and replaced by granting the conflicting parties to sue the invalidity of the arbitration award. The legislature of the UAE’s speedy procedure to resolve disputes of contract such as BOT, that has an important advantage for the arbitration process. Article (216) of the UAE Arbitration is consistent with privacy and the nature of arbitration and brings a lot of interest in resolving deputes of these types of contracts. However this does not mean that exaggeration and expansion of the interpretation should not be avoid in judicial decisions.
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