M.A. Thesis:

Explain the deprivation of ownership in investment economic agreements and how to resolve disputes

In order to attract foreign investment, there must be security in the host country for the investor, and the most important way to establish security is fair compensation in the event that investors are expropriated. Expropriation in any form requires compensation. Determining direct expropriation is simple and straightforward, but in connection with indirect expropriation it is necessary for the court to comment on the provisions of the agreement. There are several ways for courts to identify cases of indirect expropriation, such as the degree of interference with property, the nature of government action, the interference of government action with reasonable expectations, and the investment supported. There is no codified legal system in Iranian law regarding the expropriation of property. After the revolution, several laws have been enacted in this regard, but often these laws are in conflict with each other, and in the practice of organizations implementing these laws show different functions. they give. Governments pursue different goals based on their interests. Host countries are more likely to enforce their domestic law, while capital countries are more likely to enforce international law. The condition of stability in contracts is one of the conditions that can serve the interests of investors. There is basically no single procedure in this regard. And the provisions of bilateral agreements can be effective in determining the governing law and the terms of the contract.

Keywords: investment, contract, expropriation, dispute resolution.