The International commercial contracts between the theory of force majeure and The International arbitration settlement (Oil and Gas Agreements in Arab gulf).
Outline:
• The definition of force majeure
• What is the deferent between force majeure and the meaning of frustration, foreseeability, Impracticability, irresistibility?
• What is the relationship between force majeure and frustration?
• Force majeure in common law and contract law.
• Kinds of force majeure Events :
– Source of supply.
– Strake.
– Weather.
– Economic Events.
– Governmental Action (Inflation, price and cost increases).
• Why draft force majeure clauses? Moreover, how? *
• Consequences of force majeure. (Force majeure and its Effects and impacts )
• Force majeure or frustration and (Remedies and reappraisal).
• Indemnity in the international oil and gas contracts. How to draft its clause and interpretation. Which The legal systems could treat contractual indemnity (English law, the laws of Taxas)
• Force majeure and International agreements (oil and gas contracts )
• Why oil and gas agreements could be very important (global contract and it contains a complex legal obligation in every phases start from exploitation contracts , exporting gas or oil contracts, Insurance contracts, Agreements of oil and Gas pipelines , compensation contracts)
• The effect of High- risk political and economic fluctuations.
• Why I select the region of Arab gulf.
Economic Importance – geographical importance- Political environment and its impact on the oil and gas industry in the reality of ails the international freedom of navigation and international trade of the dangers of terrorism, piracy and illegal sake of Oil and Gas- the competition between the countries of Arab gulf to invest in petrochemical Industries.
Force majeure or frustration and (Remedies and reappraisal).
• The importance of international commercial Arbitration.( in oil and gas agreements)
• The Agreement to Arbitrate, and how to determine the Applicable laws.
• Types of international arbitration(which may arise from contractual obligations) :
– Arbitration between states.
– Arbitration between parties subject respectively to the jurisdiction of different states.
– Arbitration between states and private persons of foreign nationality or residence.
• Ad Hoc and Institutional : when the parties conclude an agreement which provide a framework for the resolution of their disputes by arbitration without any assistance from an arbitration institution.
• The new York convention 1958.
• UNCITRAL Arbitration rules
• How to establish and organize of an Arbitral tribunal (The duties, powers and jurisdiction of an Arbitral tribunal). The situation of the role of antinational courts during the proceedings of Arbitration.
• How challenge of Arbitral Awards.
• Recognition and enforcement of Arbitral Awards.
• Could you support every points by legal citations, the views of scholars who interested in international commercial law, focus on arbitration and force majeure cases which related to oil and gas agreements, And emphasis on the economic importance and environmental conditions and geopolitical of the Arabian Gulf and its surrounding this situation the risk of agreements on oil, gas and freedom of international trade
• Search method will depend on:
• Legal books and articles
• Legal Studies from the studies and research legal and petroleum centers in both Europe and America and the Arab world
• I will visit the most important international oil companies operating in the Arabian Gulf, as well as the Ministry of Petroleum and Minerals and the Ministry of Finance for the petroleum contracts with other countries and international companies to study and analyze those contracts and disputes raised legal mechanism to solve
• I will support all legal imagine what it deserves from the opinions of the jurist and judicial decisions with express personal legal opinion by the conclusion and analysis of the available data
• If it is possible to change the tittle of the study to be came stronger, more persuasive and
attractive to the recipient.
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