Applying the Washington Convention or the national law to resolve investment claims in ICSID if the parties do not agree

Arbitration is a mechanism to create a balance between the conflicting desires of individuals, and to achieve this goal, arbitrators should only pay attention to the common interests and desires of the parties so that the dispute is resolved based on that. On the other hand, the rules mentioned in the Washington Convention on Arbitration, which states the procedure for dealing with disputes regarding international investment by ICSID between a contracting state and an investment person who has the citizenship of another state, are used to deal with the proposed lawsuit. It is free of any substantive rules. However, a rule is included in Article (1) 42 of the mentioned agreement which states that substantive rules that are enforceable in a lawsuit are examined and identified by the court and based on that It deals with the content. In fact, the mentioned article is an example of the rules for resolving the conflict of laws, which can be found in various laws such as the national law, according to which the court resolves the conflict of laws.