• Login
    JavaScript is disabled for your browser. Some features of this site may not work without it.
    Petroleum Arbitration: Applicable Law and Appropriate Arbitral Forum (A Study of Petroleum Disputes in Arab Countries) 
    •   QMRO Home
    • Queen Mary University of London Theses
    • Theses
    • Petroleum Arbitration: Applicable Law and Appropriate Arbitral Forum (A Study of Petroleum Disputes in Arab Countries)
    •   QMRO Home
    • Queen Mary University of London Theses
    • Theses
    • Petroleum Arbitration: Applicable Law and Appropriate Arbitral Forum (A Study of Petroleum Disputes in Arab Countries)
    ‌
    ‌

    Browse

    All of QMROCommunities & CollectionsBy Issue DateAuthorsTitlesSubjectsThis CollectionBy Issue DateAuthorsTitlesSubjects
    ‌
    ‌

    Administrators only

    Login
    ‌
    ‌

    Statistics

    Most Popular ItemsStatistics by CountryMost Popular Authors

    Petroleum Arbitration: Applicable Law and Appropriate Arbitral Forum (A Study of Petroleum Disputes in Arab Countries)

    View/Open
    ALSAIDIPetroleumArbitration2004.pdf (22.11Mb)
    Publisher
    Queen Mary University of London
    Metadata
    Show full item record
    Abstract
    Petroleum maintains a primary role in the world energy market as well as in the daily life and livelihood of Arab petroleum countries, since these countries are highly dependent upon revenues from the exploitation and export of this resource. Therefore, the petroleum industry is fraught with conflicts of interests, primarily between developing petroleum exporting countries and petroleum companies sustained by their home states, most of which are developed countries. The majority of disputes have been settled by arbitration, most of which have been controversial. The question of the applicable law to the merits of a dispute is intimately related to the controversies surrounding arbitral tribunals. The prevailing perspective of western scholars during the 20`h century, and still to an extent today, was that host state law was inadequate, and host state courts were partial. Therefore, these scholars held any dispute arising between a host state and a petroleum company should be dealt with as an international dispute and should be settled far away from the host state's court and governed by laws or rules other than that of the host state. This thesis examines the past and present of petroleum arbitration, the perceptions and the practice, and aims to suggest a modified method of determining the applicable law to petroleum disputes. It argues that contrary to the previous allegations, the legal infrastructure of host states has developed over the years and today offers an adequate law to govern the merits of petroleum disputes. It further suggests a semi-localisation approach. The thesis focuses only on arbitration as a method of resolving such disputes, and limits itself to Arab petroleum countries. The thesis argues that petroleum contracts have their own characteristics and therefore should not automatically be subject to the ICSID Convention or to other principles of investment arbitration. The time is ripe for the establishment of a specialised institution to undertake the settlement of disputes arising out of petroleum transactions.
    Authors
    Alsaidi, Abdullah Mohammed
    URI
    http://qmro.qmul.ac.uk/xmlui/handle/123456789/1844
    Collections
    • Theses [3303]
    Copyright statements
    The copyright of this thesis rests with the author and no quotation from it or information derived from it may be published without the prior written consent of the author
    Twitter iconFollow QMUL on Twitter
    Twitter iconFollow QM Research
    Online on twitter
    Facebook iconLike us on Facebook
    • Site Map
    • Privacy and cookies
    • Disclaimer
    • Accessibility
    • Contacts
    • Intranet
    • Current students

    Modern Slavery Statement

    Queen Mary University of London
    Mile End Road
    London E1 4NS
    Tel: +44 (0)20 7882 5555

    © Queen Mary University of London.