Publisher of Iranian Journals and Conference Proceedings

Please waite ..
Publisher of Iranian Journals and Conference Proceedings
Login |Register |Help |عضویت کتابخانه ها
Paper
Title

Oil and Gas ISDS: Is Med-Arb Considered a Mechanism for Common Interests?

Year: 1398
COI: JR_PBR-3-1_002
Language: EnglishView: 76
This Paper With 12 Page And PDF Format Ready To Download

Buy and Download

با استفاده از پرداخت اینترنتی بسیار سریع و ساده می توانید اصل این Paper را که دارای 12 صفحه است به صورت فایل PDF در اختیار داشته باشید.
آدرس ایمیل خود را در کادر زیر وارد نمایید:

Authors

Naqmeh Javadpour - PhD. Student in law, Faculty of Law and Political Sciences, Allameh Tabataba&#۰۳۹;i University, Tehran, Iran
Hamid reza Oloumi Yazdi - Associate Professor, Faculty of Law and Political Sciences, Allameh Tabataba&#۰۳۹;i University, Tehran, Iran
Seyyed Nasrollah Ebrahimi - Assistant Professor, Faculty of Law and Political Sciences, Allameh Tabataba&#۰۳۹;i University, Tehran, Iran

Abstract:

International oil and gas investment disputes constitute an important part of Investor-State Dispute Settlement (ISDS) system. Investment arbitration which considers as a prevalent dispute settlement mechanism in this area is under serious criticisms, since it endures huge costs, causes length of process and devastates the parties’ long-term investment relationship. In the recent years, possibility of applying Alternative Dispute Resolution (ADR) and hybrid dispute settlement mechanisms have largely discussed. Mediation-Arbitration (“ Med-arb”) ; is one of the hybrid and integrated dispute settlement mechanisms which embodies flexibility, non-judicial and negotiate-oriented benefits of mediation and finality advantage of arbitration simultaneously and in a single process ( not in separate processes). In this method, mediation is first attempted by the parties before arbitration could be started, If no settlement is reached during mediation phase, then the appointed neutral or mediator, will act as independent arbitrator(s) and proceed the case under the arbitration process and will render a binding arbitration award. In this method, if parties reach an agreement during the first phase (mediation process), they will not incur huge costs of lengthy investment arbitration. In this method, even If the first stage (mediation process) fails, since mediation process made the disputes more clarified and narrower, then the arbitration process is less lengthy and arbitration will be proceeded more efficiently. Moreover, both investors and host- states in oil and gas investment area, do have strong ambitions to maintain the investment relationships. These goals are achieved better via adopting med-arb proceedings.

Keywords:

Paper COI Code

This Paper COI Code is JR_PBR-3-1_002. Also You can use the following address to link to this article. This link is permanent and is used as an article registration confirmation in the Civilica reference:

https://civilica.com/doc/1130057/

How to Cite to This Paper:

If you want to refer to this Paper in your research work, you can simply use the following phrase in the resources section:
Javadpour, Naqmeh and Oloumi Yazdi, Hamid reza and Ebrahimi, Seyyed Nasrollah,1398,Oil and Gas ISDS: Is Med-Arb Considered a Mechanism for Common Interests?,https://civilica.com/doc/1130057

Research Info Management

Certificate | Report | من نویسنده این مقاله هستم

اطلاعات استنادی این Paper را به نرم افزارهای مدیریت اطلاعات علمی و استنادی ارسال نمایید و در تحقیقات خود از آن استفاده نمایید.

Share this page

More information about COI

COI stands for "CIVILICA Object Identifier". COI is the unique code assigned to articles of Iranian conferences and journals when indexing on the CIVILICA citation database.

The COI is the national code of documents indexed in CIVILICA and is a unique and permanent code. it can always be cited and tracked and assumed as registration confirmation ID.

Support