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Legislative requirement stability and its role in the arbitration in oil contracts | ||
| Risalat al-huquq Journal | ||
| Article 10, Volume 2, Issue 2, 2010, Pages 170-185 PDF (0 K) | ||
| Author | ||
| gassan abaed | ||
| Abstract | ||
| Abstract Oil contracts are considered as the most important contracts which raise a wide range of argument and discussions among the legal, jurisprudence and economic circles equally. This argument was raised by a number of bodies , perhaps the position of these contracts ,which is oil ,makes them a vital economic weapon , and utmost contracts in the field, that have been used in the mid of the ninetieth century up to now. The great importance of this commodity has led to the variation and diversity of terms included within these contracts, such as the Legislation Constancy Condition, which is considered as the most arguable issue, occupying a vast area of discussions and argument within the jurisprudence circles over its different perspectives. First issue: Defines Legislation Constancy Condition. Second issue: Identifies its types. Third issue: jurisprudence attitude on the validity of the Legislation Constancy Condition, legal nature and consequent results. This is achieved by two requirements: first, the stand of the jurisprudence from the Legislation Constancy Condition; the second, its legal nature and consequent results. In the third issue we dealt with the function of Legislation Constancy Condition in the arbitration decisions of oil contracts and we discussed the most important arbitration decisions in oil contracts that have included the Legislation Constancy Condition by four questions:- 1- Texaco arbitration decision of 1977. 2- Liamco arbitration decision of 1977. 3- Agip arbitration decision of 1979. 4- Aminoil arbitration decision of 1982. Through this issue, we have reached a number of results and recommendations, which we have pointed in their place. | ||
| Keywords | ||
| oil contracts | ||
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