Comparative Criminal Jurisprudence

Comparative Criminal Jurisprudence

Dual Criminal and Non-Criminal Methods in Deciding Foreign Investment Lawsuits with a Look at Jurisprudence

Document Type : Original Article

Authors
1 Ph.D Student of Private Law, Qom Branch, Islamic Azad University, Qom, Iran.
2 Associate Professor, Department of Fiqh and Fundamentals of Islamic Law, Qom Branch, Islamic Azad University, Qom, Iran. (Corresponding Author)
3 Assistant Professor, Department of Private Law, Qom Branch, Islamic Azad University, Qom, Iran.
10.22034/jccj.2022.354978.1074
Abstract
Attracting foreign investment is one of the best ways to benefit from foreign financial resources. Considering dual and proportionate methods to resolve legal and criminal lawsuits resulting from foreign investment is one of the most important incentives for attracting foreign investment. It is considered a foreign investment. By looking at the related jurisprudence, one can look for traces of these dual criminal and non-criminal methods, the most important of which is the standard of fair behavior and recourse to arbitration. Regarding the standard of fair treatment, in addition to rationality and its approval from the point of view of Shariah standards, it should be said that this criterion is used in the settlement of legal disputes and criminal lawsuits caused by foreign investment. behaving within the framework of the law, avoiding arbitrary actions, paying attention to the expectations of the investor and maintaining legal stability are among the most important applications of this criterion in the settlement of legal disputes and paying attention to the principles of fair criminal proceedings, the most important application of this criterion in the decision of criminal lawsuits. In relation to the method of arbitration, in addition to the generality of Sharia evidence, its application in legal claims is faced with challenges such as obstacles in the legal system of the host country, parallel proceedings and lack of coordination in the decisions, and in claims In criminal cases, most countries avoid resorting to this method and consider it as a supplementary restorative strategy; Although the balancing role of arbitration in this field is very important.
Keywords

Volume 4, Issue 1
Winter 2024
Pages 93-101

  • Receive Date 17 August 2023
  • Revise Date 02 September 2023
  • Accept Date 19 November 2022
  • Publish Date 20 March 2024