نوع مقاله : علمی پژوهشی
نویسندگان
1 دانشکده حقوق و علوم سیاسی دانشگاه علامه طباطبائی
2 دانشکده علوم انسانی دانشگاه آزاد اسلامی واحد اسلامشهر
چکیده
کلیدواژهها
موضوعات
عنوان مقاله [English]
نویسندگان [English]
Due to their long-term nature, heavy investments and geopolitical sensitivity, energy contracts are always at risk of complicated disputes. In the meantime, the terms of reference "arbitration agreement" as the "gateway" to the arbitration process and with its special functions, which is beyond a ritual and ceremonial document, (terms of reference is drawn up after a dispute has arisen to define the subject matter, scope, and rules of the arbitration; whereas an arbitration agreement is an accord between the parties whereby all or some existing disputes are referred to arbitration(.
by creating the necessary flexibility, not only plays a vital role in determining the jurisdiction, governing law and procedure, but also provides the basis for solving expert and technical issues regarding unpredictable and specialized issues, according to the type of energy contracts. The current research, which was compiled in a library and descriptive-analytical method, while explaining the concept, function and necessity of drafting the arbitration agreement terms of reference and examining the approach of the legal systems of the three countries of Iran, Japan and France to this matter, seeks the basic question that what is the appropriate model for the Iranian legal system regarding the drafting of the arbitration agreement terms of reference in energy contracts, especially in the current situation? In the meantime, the conditions of our country are such that in order to attract investment in the energy sector and resolve contractual challenges, in addition to the need to amend the laws, it is appropriate to consider a model in the drafting of the agreement that, while paying attention to the legal and executive innovations in the laws governing arbitration in a country like Japan, is also in line with the clear and transparent approaches of the arbitration terms of reference agreement in the French legal system.
کلیدواژهها [English]
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