The role of the judiciary in attracting investment and protecting investors’ rights

A comparative study

Abstract

There is no doubt that investment provides a solid boost to the national economy; therefore, both Egypt and Qatar are working to provide an attractive investment climate for investors to achieve visions that push the wheel of development.

In addition, the investor will not risk injecting their investment into a country whose jurisdiction has a bad reputation.

Therefore, the Egyptian state established the Economic Court and the Investment Disputes Department of the State Council.

As for the State of Qatar, it has established the Civil and Commercial Court of the Qatar Financial Center, which is also called the Qatar International Court, and the Trade and Investment Court.

Such a specialized judicial system provides special rules in order to achieve the speedy settlement of disputes by qualified and specialized judges who understand the accuracy and complexities of economic issues in light of the globalization system and trade liberalization - nationally and internationally - To redress grievances to their owners in an effective manner, while guaranteeing full rights of defence.

The judiciary in Egypt and Qatar lays down principles to encourage foreign investment, confirming the prohibition of unfair competition, including the bank’s commitment to preserving investors’ money and enforcing their rights with others, even if one has gone bankrupt.

In addition, the Judiciary in both countries aims to control the capital market and approve other investment incentives, such as protecting the capital and intellectual property of investors, preserving their rights, and sometimes the interests of foreign investors prevail over national ones.

 Furthermore, the Judiciary's set of rules also provides fair and equitable treatment to investors and the prohibition of appropriation of the investor's ownership for the public interest, except in the case of extreme necessity, if fair compensation is granted. In addition, tax incentives and exemptions are approved, and full freedom of movement is guaranteed for capital, revenues, employees' salaries, and experts outside the host country.