Thesis:

Deprivation of ownership in foreign investment contracts 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 the investor is expropriated. Expropriation of property in any way requires compensation. Expropriation in foreign investment agreements refers to the process by which the host government transfers to itself the assets of the foreign investor, this transfer may be direct or indirect. Direct expropriation involves the government's overt appropriation of assets, while indirect expropriation involves actions and decisions that lead to a drastic reduction in the economic value of assets. In general, the present research method is descriptive, analytical, and library-based. Resolving disputes caused by expropriation in foreign investment contracts is of particular importance and is done in different ways. Sometimes the parties resolve disputes through negotiation and dialogue. This method is quick and inexpensive, but not always successful. A common and effective way to resolve disputes that involves the selection of impartial arbitrators. The advantages of this method include impartiality, flexibility and the ability to implement decisions at the international level. In Iranian law, there is no codified legal system related to expropriation, after the revolution, several laws have been enacted in this regard, but these laws are often in conflict with each other, and the practices of the organizations implementing these laws show different functions. they give Governments pursue different goals based on their interests. Host countries are more interested in applying their domestic law, while capital-first countries want to apply international law.

Keywords: Contract, investment, treaty, expropriation, settlement of disputes