وسائل حسم المنازعات التي تنشأ عن عقد التحديث و التملك و التشغيل و نقل الملكية ال (M.O.O.T)‎

الملخص EN

The contract of updating, ownership, employment and transference of ownership (M.O.O.T) have obligations undertaken by both parties (The grating body and the project company).

Whenever the parties execute.

Such obligations according to what is prescribed by the contract without any violation, the contract will be discharged naturally by the end of its period.

However, the lengthy period of execution and the contradiction of interests of parties may result in violation of one of these obligations at any stage.

Whether at the stage of execution or exploitation, which impedes the completion of execution of the final stages of contract, thus conflicts between the parties arise leading to many inquiries the task of the researcher is to answer them: What are the means for setting conflicts raised by M.O.O.T? How far are they obligatory for arbitration? What are the best? What is the competent court which considers the conflict? Is it permissible to resort to arbitration to settle conflicts raised by M.O.O.T contract as it is one of the means for setting conflicts raised by contracts of investment?