إشكالية فض المنازعات الناشئة مع الشركات الحاملة لعقود التراخيص النفطية

إشكالية فض المنازعات الناشئة مع الشركات الحاملة لعقود التراخيص النفطية

م.د. حسن رشك غياض

م.د. علي محسن طويب

جامعة الإمام جعفر الصادق (ع)

Abstract

Oil contracts are the mechanism through which these wealth are exploited and invested, and therefore the subject of contracts must be given the necessary attention, especially if we know that these contracts may be accompanied by many legal problems, which appear during their conclusion or after their implementation, or these problems may appear with regard to the process of exploitation, management and development of oil fields. The nature of these disputes varies according to the nature of the concluded oil contracts, which need to develop appropriate and convenient legal solutions to them according to the nature and quality of each dispute separately, with some general principles governing these disputes which they are adopted basically in most of these disputes or disagreements, in a manner that preserves the interests of the contracting parties, and by relying on legal, political and diplomatic means, to resolve these problems before submitting them to the competent arbitral authorities.

Iraq has been linked to investment contracts with many international oil companies. The last one was the oil licensing rounds, which included the contract articles and many ways to solve the problems that may arise in the activities of implementing the contract, starting from direct conversations through good offices and the assignment of experts to ending with presenting the subject to international arbitration through the International Chamber of Commerce in Paris.

In sum, there are multiple means to resolve disputes that occur due to a misunderstanding of the nature of the contract or the mechanisms used in its implementation, and to ensure the maximum benefit from its contents and employment for the investment of oil wealth and the transfer of its resources to the development of other economic sectors, this research was to answer the questions related to the means of solving the problems that occur due to the implementation of its contents in reality.