نوع مقاله : پژوهشی
عنوان مقاله English
نویسندگان English
This study examines amicable dispute resolution mechanisms for disputes arising from petroleum licensing contracts, focusing on their role in reducing reliance on litigation and arbitration and preserving contractual relations between the state and petroleum companies. It analyzes negotiation, conciliation, mediation, and technical expertise within the Iraqi legal framework and relevant international rules. The study adopts an analytical and comparative approach to assess the effectiveness of these mechanisms in Iraqi petroleum licensing contracts. It concludes that negotiation is the primary and most flexible mechanism, while conciliation and mediation facilitate consensual solutions through neutral third parties. Technical expertise is particularly important in disputes involving engineering, accounting, production, and technical issues. The effectiveness of amicable settlement mechanisms depends on clear contractual provisions, good faith, and the independence and impartiality of the persons or bodies involved. The study recommends strengthening the Iraqi legal framework and adopting clear, graduated contractual dispute resolution clauses to protect public funds, promote investment stability, and ensure the continuity of petroleum projects.
کلیدواژهها English
