Principles of Arbitration in Oil Contracts

• Maleki, M. ^[1] ; Eslami, M. ^[1] ; Rezaei, M. ^[2]
  1. [1] Islamic Azad Univeresity
  2. [2] Allameh Tabatabaʼi University
• Localización: Revista Publicando, ISSN-e 1390-9304, Vol. 5, Nº. 14, 2 (Enero-Febrero-Marzo), 2018, págs. 779-800
• Idioma: inglés
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• Resumen

  • In this article, the principles of governing arbitration in oil contracts are investigated. The subject matter of arbitration related to this area, and all of them, the bases governing such types of arbitration, in particular arbitration in oil contracts, are issues. The various jurisdictions of "private law" and "international investment law" have been influenced by the analysis of the relationship between the National Oil Company and the international oil companies and, on the other hand, by the field of public law as an analysis of the relationship between the International Oil Company and the host government or host country. Due to the intrinsic and international characteristics of oil and gas law, issues can be applied more quickly than other purely legal issues. On the other hand, due to the interdisciplinary nature of oil and gas rights, research tools in this field are diverse. Among legal issues, only the oil and gas rights can be explored in research-based methods, because in the interests of the fundamental rights of the investigation, the legislator is the ruler. But the texture of oil and gas, and in particular of oil contracts, are not the laws of the parliament, but the legal literature governing this science. In the field of oil and gas, scientific literature has been able to rule the legislature of the host country in many cases. Legislation related to the oil industry, in the absence of attention to the scientific literature of the opposing party and the international procedures for settling disputes, can lead to the result of the image of what they are thinking. Undoubtedly, it is not possible to win and succeed politics in this area without the backing of "scientific literature". And the element of persuasion of thoughts, which is the main and fundamental power in political and economic contexts, has rooted in its scientific literature and methodology in dealing with and analyzing issues relating to the legal aspects of oil and gas.