Document Type : Article
Ph.D. Student of Private Law, Department of Law, Faculty of Administrative Sciences & Economics, University of Isfahan, Isfahan, Iran
Associate Professor, Department of Law, Faculty of Administrative Sciences & Economics, University of Isfahan, Isfahan, Iran
Joint venture is a contract whereby two or more business partners participate in the execution of a specific economic plan and invest in that plan through cash or non-cash. Joint venture is among the international contract models that can be and is used in the oil industry. In Iran, this contractual method was permitted under Oil Act of 1957 but the law was changed. First the use of this method was limited in the "upstream operation" of the oil industry by the Oil Act of 1974 and then the Oil Act of 1987 prohibited the use of any type of cooperative method in the oil industry. Although a law passed in 2011 amended the provisions of the 1987 Act. The main question this paper is the following: is it allowed to use this contractual model under the new rules in oil and gas industry? With the introduction of new oil contracts in the post-JCPOA and in view of the fact that one of the country's top priorities is attracting foreign investment, it seems new laws have explicitly or implicitly permitted the use of this model of contract in the oil contracts.
- A) Books
- Ripinsky, Sergery. Williams, Kevin (2015), Damages in International Investment Law, British Institute of International and Comparative Law.
References in Persian:
- A) Books
- Ahari Hosein (1970), Oil Contracts: Price and Revenue of Oil, Tehran: Kavyan (In Persian).
- Almasi, Nejad Ali (2006), Conflict of Laws, Tehran: University Publishing Center (In Persian).
- Arfania, Behshid (1997), Private International Law, Tehran: Behtab. (in Persian)
- AsgharZadeh, Abdollah (1995), Getting to Know the Mutual Trade, Tehran: Institute for Studies and Trade Research (In Persian).
- Beh Amish, Paul W and Others, (1994), International Management, translated by Ahmad Aram, Tehran: Governmental Management Training Center. (in Persian)
- Damarchili Mohammad (2005), Commercial Code in the Current Legal Order, Tehran: Misagh Edalat (In Persian).
- Emam, Farhad (1994), Law of Foreign Investment in Iran, Tehran: Yalda (In Persian).
- Farshad Gohar, Naser (2002), A Review of Iran Oil Contracts, Tehran: Economic Affairs Research Centre (In Persian).
- Hasan Beiki, Abolfazl (2002), Buy Back Oil and National Interests, Tehran: Avaye Noor (In Persian).
- Katouzian, Naser (2006), General Rules on Contracts, Vol. 1, Tehran: Sahami Enteshar (In Persian).
- Katouzian, Naser (2007), Civil Law: Specified Contracts: Participations and Compromise, Tehran: Ganje Danesh (In Persian).
- Mousavi, Mir Tayeb, (2004) Global Political and Economic Matters of Oil, Tehran: Mardomsalary (In Persian).
- Movahhed, Mohammad Ali (1978), Our Oil and its Legal Issues, Tehran: Kharazm (In Persian).
- Nasiri, Mohammad (1996), Private International Law, Vols. 1 & 2, Tehran: Agah (In Persian).
- Pakdaman, Reza (1993), A Guide to Setting up Industrial Joint Venture Agreements in Developing Countries. Tehran: Institute for Trade Studies and Research (In Persian).
- Rohani, Foad (1977), Iran Oil Industry, Twenty Years after Nationalization, Tehran: Sahami Corporation (In Persian).
- Saljoghi, Mahmoud (2006), Requirements of Private International Law, Tehran: Mizan (In Persian).
- Schapira, Jean (1992), International Business Law, translated by Rabia Eskini, Tehran: Islamic Republic Education and Publishers (In Persian).
- Schmittoff, Clive M. (1999), International Trade Law, Translated by Behrooz Akhlaghi and Others, Tehran: SAMT (In Persian).
- Shiravi, Abdolhosein (2014), Law of Oil and Gas Tehran: Mizan Publication (In Persian).
- B) Articles
- Alghashiri, Ahmad & Taregh, Riaz (2003), “Applicable Law to New Generation of Oil Contracts: A Turn in Arbitration Process”, translated by Mohsen Mohebi, Tehran: Legal Journal, No. 29. Pp. 29-110 (In Persian).
- Erfani, Mahmoud (1993), “International JV”, Tehran: Journal of Factulty of Law & Political Sciences, University of Tehran, Period 30, pp. 63-99 (In Persian).
- Godarzi, Zahra (2014), “Analysis of New Laws in the Feilds of Oil and Gas and Examination of Existing Legal Capacity in Accepting Contractual Developments”, Tehran: Energy Law Studies, No. 2. pp. 153-166 (In Persian).
- Iranpour, Farhad (2002), “Recognition and Refusal of the Principle of Freedom of Contract in Iran’s Private International Iaw”, Tehran: Journal of Factulty of Law & Political Sciences, University of Tehran, 58, pp. 75-91 (In Persian).
- Iranpour, Farhad (2007), «General Foundations of Oil Contracts», Tehran: Law Quarterly, Period 37, No. 3, pp 1-28 (In Persian).
- Iranpour, Farhad (2008), “Different Types of Petroleum Contracts: Evolution of Oil Contracts from Exchange to Participatory Contracts”, Tehran: Law Quarterly, Period 38, No. 2, pp. 25-38 (In Persian).
- Khazaei, Hosein (1990), “A Brief Examination of the Legal Concept of JV in American and International Laws”, Tehran: Legal Review, Office of International Legal Services, No. 13, pp. 53-128 (In Persian).
- Mohebi, Mohsen (2006), “International Arbitration Practice on Compensation of Oil Claims”, Tehran: Legal Journal, No. 35, pp. 9-70 (In Persian).
- Movahed, Mohammad Ali (1997), “Oil Contracts after Twenty- Year Delay”, Journal of Economy of Energy, No. 2 & 3, pp. 79-87 (In Persian).
- Nazemi, Amir (2017), “Joint Cooperation Model in Iran`s Oil & Gas Industry; a Cognitive Approach”, Quarterly Journal of Energy Planning & Policy Research, No. 9, pp. 113-146 (In Persian).
- C) Documents:
- Bylaw on Foreign Investment Promotion and Protection Approved in 2002 (In Persian).
- Bylaw on Non-oil Buyback Contracts (Paragraph and Article 85) of the Ministry of Economic Affairs and Finance, Ministry of Commerce, Approved in 2000 (In Persian).
- Communication of Supreme Leader Regarding the Policies of Principle 44, Dated 1/3/1384 (2005) (In Persian).
- Foreign Investment Promotion and Support Law Approved in 2002 (In Persian).
- Law of the Fourth Plan of Economic, Social and Cultural Development of the Islamic Republic of Iran, Approved in 2000 (In Persian).
- Law of the Third Plan of Economic, Social and Cultural Development of the Islamic Republic of Iran, Approved in 2004 (In Persian).
- Regulations on Foreign Investment, Rules Governing Contracts, Civil Partnership and Buyback (In Persian).