Mechanisms for protecting the rights and legitimate interests of participants in investment relations

Abstract

The article studies the concept of “investment conflict”, legislative regulation of the order and conditions of coordination of mutual interests and prevention of potential conflicts of participants of investment relations, as well as mechanisms of prevention of their occurrence. Special attention is paid to the system of guarantees and protection of rights of participants of investment relations. Three key directions realized in the sphere of protection of the rights of participants of investment relations are singled out. It is substantiated that the objects of investment relations are also objects of civil rights, in this connection, it is recommended for the legislator to fix new objects of civil rights in order to protect the rights of participants of investment relations. The regulators of investment disputes existing in the Russian law, which contribute to the maintenance of partnership relations between entrepreneurs and their commercial ties, have been studied. The legal possibilities of international investment arbitration, international commercial arbitration, arbitration courts in the mechanism of investment disputes resolution are analyzed. It is concluded that the legal algorithm of allowing international investment conflicts is one of the main components of interstate public order in the field of investment. The international public order, identified as material-legal investment relations, as well as procedures for consideration of disputes arising from them, covers Russian entrepreneurs involved in international socioeconomic relationships