التحكيم و تسوية منازعات عقود النفط

الملخص EN

Arbitration provides an environment conducive to the extraterritorial activities of foreign companies so that oil companies can avoid being subject to the international or national jurisdiction of any other country.

The arbitration system overcomes the flaws of the various legal systems, both internationally or domestically.

The general wording of the clause for arbitration of oil exploitation contact disputes is to include the clause itself or a subsequent agreement.

An arbitration agreement is the most appropriate option because it allows the parties to the dispute to choose persons who do not have an official status to adjudicate and decide on an existing or potential future dispute.

Arbitration can be established by a private contract in which case it is called ( Arbitration Contract ), which may be stated as a clause in the contract governing the relationship.

It resolves any dispute that may arise in the future contract.

In this case, it is called an arbitration clause.

Arbitration is the agreement to submit the dispute to one or more arbitrators provided that they are not less than three persons in number to be adjudicated in stead of the competent court.

An agreement to arbitrate a particular dispute is called an arbitration party; it is also called an arbitration agreement or contract.

It means that it agrees to arbitrate a particular dispute that already exists between the adversaries that is a contract by itself.

The parties to the contract resort to arbitration which has many advantages , the most important of which are delay, speed in adjudicating the dispute, low cost, specialization and strict confidentiality as well as the choice of law applicable to the subject-matter of the dispute in the arbitration.

It also serves as a means of attracting foreign investment, providing protection and guarantee with host countries.

The oil sector in Libya is known to be managed entirely by the state, directly or indirectly, through the National Petroleum Corporation.

The Libyan legislator regulated the arbitration of oil contracts, making it compulsory to settle oil disputes under Act No 25 of 1955.

Article (1/20) states that “ Any dispute between the Ministry of Oil and the contract holder awarded in accordance with the provisions of this Law shall be settled by arbitration in the manner set out in Annex II to this Law.”