Arbitration of oil contracts in oil-producing Arab Countries

Abstract

This study investigates the most important legal matters of arbitration of Arab oil contracts. It has focused on the independent nature of arbitration, and the distinguished characteristics which make arbitration the most preferable means to settle international economic disputes. The study as well as sheds light on the arbitration agreement which included in the oil contracts in a way that excludes this agreement from the legal rules that usually prevent such agreements from developing in scope and content on the one hand, whereas on the other hand the study takes a look on the arbitration tribunal resulting from the arbitration agreement that included in the oil contracts which have special characteristics that distinguishes them from any other contracts in other economical and trading ventures.


This study has concluded that it is better for the disputes resulting from the oil contracts to be resolved via arbitration without necessarily arbitrated affecting the judicial immunity function. additionally, settlement of disputes in issuing the arbitration decision should be voluntarily implemented by the two parties in conflict. Finally, the researcher recommends arbitration as the only viable tool for settling conflicts/disputes of oil contracts in oil producing Arab nations because it’s the fastest, most reliable, least expensive and time saving method of conflict resolution.

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Author Biography

Mousa Sami Al-Qaaida, University of Pécs, Hungary

PhD. student in University of Pécs, Hungary

References

Abdul Aziz K, Introduction to the Arbitration Law (Academic Book Centre, 2018).

Ahmed A, Optional and compulsory arbitration (Knowledge Plant in Alexandria 2001).

Ahmed A, Principle of Discrimination Compensatory for Developing Countries in the International Law of Development (1st Ed Arab Renaissance house 1998).
Ahmed A, The oil law (2nd Ed, Youth league house 2006).

Ali F, Noor N and Ahmad G, (2015) The Legal Natural of Oil Contracts. 9. 43-49.

Al-Khazaleh Shams & Momani Sayel. (2018). The Jordanian Legal Regulation for Implementing the Arbitral Award as an Executive Bond in accordance with the
Article (IX) of the exploitation of the oil contract RasGharib (1) in 1938.

Article 10 of the Egyptian law of arbitration for the civil and commercial matters No. 27of 1994 < https://www.wipo.int/edocs/lexdocs/laws/en/eg/eg020en.pdf>
Article 31 of Arbitration clause contained in the oil Convention between the Government of Saudi and American Arabian Oil Company (Aramco) in 1933.
Article33 (2) of the Constitution of Jordan, Available at:

Article 55 of Arbitration clause contained in the Petroleum Agreement between the Government of the Kingdom of Saudi Arabia and the Japanese trading company of the Petroleum Ltd. in 195.

Article2 (1) of the Charter of the United Nations Available at:

Article20 (C) of the Convention concluded in 1997.

Articles L111-1, L131-1 of the Code Minier (the French Mining Code).

Bayuasi L &Nusrat A, (2016). Dispute settlement in the oil and gas industry: Why isiInternational arbitration important? Journal of Energy Technologies and Policy. Vol.6, No.4, 2016. 30.

Born G, International Commercial Arbitration (2nd edn, Kluwer Law International, Alphen ann den Rijn 2014).

Caroline V, THE ARBITRATOR – AS A NEUTRAL THIRD PARTY (YOUNGICCA BLOG 22 JAN 2011) Available at:

Cotula L. (2018) Reconsidering Sovereignty, Ownership and Consent in Natural Resource Contracts: From Concepts to Practice. In: Bungenberg M., Krajewski M., Tams C., Terhechte J., Ziegler A. (eds) European Yearbook of International Economic Law 2018. European Yearbook of International Economic Law, vol 9. Springer, Cham.

Diego M. Papayannis, (2016) Independence, impartiality and neutrality in legal adjudication », Revus, 28, 33–52.

E., J. (2019) UAE Law Comparison with other GCC Legal Systems, Available at: https://ivypanda.com/essays/uae-law-comparison-with-other-gcc-legal-systems/
Fatouros, A. A. (1968) Permanent Sovereignty Over Oil Resources, a Study of Middle East Oil Concessions and Legal Change, by Muhamad A. Mughraby; The Law of Oil Concessions in the Middle East and North Africa, by Henry Catton; The Evolution of Oil Concession in the Middle East and Africa, by Henry Catton," Indiana Law Journal: Vol. 43: Issue4, Article 8. Available at:

Flick U, AnIntroduction to qualitative Research (6th ed, SAGE, London 2018).
Flick U, Introducing Research Methodology: A beginner’s Guide to Doing a Research Project (2nd ed, SAGE, London 2015).

From the concession agreement signed between Sheikh Ahmed Al-Jaber Al-Sabah and the American independent oil company 1948.

Gary F. 2018. Historical and Empirical Basis for Communal Title in Minerals at the National Level: Does Ownership Matter for Human Development? Sustainability 10, no. 6: 1958.

Ghassan R, International commercial contract (house of Arab ideology, Beirut 2007).

Hafiza H, Contracts concluded between States and foreign people (3rd Ed, University publications house, Alexandria 2007).

Harraz, H, (2016). PETROLEUM LAWS: TYPES OF INTERNATIONAL PETROLEUM CONTRACTS. 10.13140/RG.2.1.1357.4007.

Ibrahim A, Recourse to international arbitration (Arab renaissance house, Cairo 2006).

Ibrahim I, Private international arbitration (Ain Shams University 2000).

Ibrahim S, Destination Embargo of Arab Oil: Its Legality Under International Law (The American Journal of International Law, vol. 68, no. 4, 1974, pp. 591–627).

International Trade Centre (ITC) Settling Business Disputes: Arbitration and Alternative Dispute Resolution - 2nd ed. Geneva: ITC, 2016. XI, Available at:

J.N. Hyde, permanent sovereignty over natural wealth and resources (A.J.I.L, 50, 854, (1956).

Jordanian Execution Law No. 25 of 2007. Journal of Politics and Law. 11. 109. 10.5539/jpl. v11n4p109.

Khaled I, Problems Arbitration in Oil Contract Disputes (Al Manhal, 2015).

Mana A, Petroleum and the Economics of the United Arab Emirates (Otaiba, 1990).
Mansour A, Legal Protection of Economic Development Agreements, Arab Law Quarterly Vol. 17, No. 2 (2002), pp. 150-176.

Ministry of development and industry in Bahrain.

Ministry of Petroleum and Minerals in Iraq, a group of laws, regulations and instructions of the Ministry of Oil and Minerals and its affiliates.

Mohamed I, International Investment Arbitration: Lessons from Developments in the MENA Region (Routledge, 2016).

Muhamad M, The law of oil concessions in the middle east and north africa, by Henry Catton, Indiana Law Journal: Vol. 43: Iss. 4, Article 8. Available at:

Nayef E, Mohammed A and Murad S, IMPLEMENTATION OF THE PROVISIONS OF FOREIGN ARBITRAL AWARDS BETWEEN THE THEORY AND PRACTICE (European Scientific Journal November edition vol. 8, No.25).

Nicholas Angell, An Overview of Legal Structures in The GCC Countries - Issues of Risk and Strength, Legal Services | (United Arab Emirates, 2006).

Oil contract concluded between the Saudi government and the Japanese trading company of the Petroleum Ltd.

Ramette V, Algerian Legal Research (2018). Available at:
Sararu C, (2014). The interpretation of administrative contracts. Juridical Tribune - TribunaJuridica. 4. 152-156.

The first article of the Royal Decree which provides for the ratification of the concession agreement to extract oil signed between the Government of Saudi Arabia and the Arabian American Oil Company. U.S. (1933 No 1135).

The Hashemite Kingdom of Jordan Energy and Minerals Regulatory Commission Status Report Convention on Nuclear Safety, (August 2016), In the fulfillment of Article 5 of the Convention on Nuclear Safety.

This system issued a Royal Decree No. 20/M of 1972 and the approval of the Council of Ministers Resolution No. 396 of 1972.

UN General Assembly, International Covenant on Economic, Social and Cultural Rights adopted and opened for signature, ratification and accession by General Assembly resolution 2200A (XXI) of 16 December 1966, entry into force 3 January 1976, in accordance with article 27.

UNGA Res. 1514 (XV) 1960, Available at:http://en.wikisource.org/wiki/United_Nations_General_Assembly_Resolution_1514

UNGA Res. 523(VI) (12 January1952) Available at:

UNGA Res.626 (VII) (21 December 1952) Available at: http://www.worldlii.org/int/other/UNGARsn/1952/171.pdf UN Resolution, 1314 (XIII) 1958

UNGA Resolution, 1803(XVII)1962, Available at:https://www.ohchr.org/Documents/ProfessionalInterest/resources.pdf

UNITED NATIONS CONFERENCE ON TRADE AND DEVELOPMENT Dispute Settlement International Commercial Arbitration 5.3 Arbitral Tribunal

United Nations, a summary judgment, advisory opinions and orders issued by the International Court of Justice 1948 -1991, Case No. 16.
Published
2020-04-01
How to Cite
AL-QAAIDA, Mousa Sami. Arbitration of oil contracts in oil-producing Arab Countries. Journal of Social Sciences (COES&RJ-JSS), [S.l.], v. 9, n. 2, p. 394-428, apr. 2020. ISSN 2305-9249. Available at: <http://centreofexcellence.net/index.php/JSS/article/view/jss.2020.9.2.394.428>. Date accessed: 05 june 2020. doi: https://doi.org/10.25255/jss.2020.9.2.394.428.
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