درخت حوزه‌های تخصصی

Various hazards exist in the upstream oil and gas industry. Therefore, the contracting parties of any petroleum contract always try to reduce the inevitable economic burdens of occurring adverse events arising out of risks in the course of petroleum operation by applying legal approaches such as contractual risk allocation provisions, which can be realized by drafting efficient insurance and indemnity clauses as the subset of risk allocation provisions. Hence, this study addressed the main research question of “What are the necessary parameters for drafting the insurance and indemnity clauses in the main types of upstream petroleum contracts?” To achieve this end, the mentioned clauses stipulated in the main types of upstream petroleum contracts, have been examined; including concessions, production sharing, and service contracts of 15 different countries around the world besides the comparative analysis with the new model of Iranian Petroleum Contract (IPC). Eventually, the hypothesis of this study stating “There should be several parameters such as liability towards risks, limitation of liability, exclusions/exemptions, etc. for drafting the insurance and indemnity clauses in these contracts” verified. That is the result and the answer to the research question. Moreover, the comparative analysis of the extracted set of parameters needed to draft these clauses legally, with the related ones in IPC has been done. Therefore, it led to the detection of the existing contractual shortcomings. Thereafter, the necessary suggestions to resolve them are offered, which can enhance the effectiveness of the upstream petroleum contracts and avoids potential litigation in this regard.

Oil and Gas projects as are very complicated. A wide range of risks are included in oil and gas projects and contracts. Different aspects of risks can be addressed in a risk management process which assessment, efficient distribution and allocation of contractual risks are of a high importance. Many researches have studied the Project Risk Management in oil and gas industries with focus on legal and contractual risks aiming to reach to an optimal risk distribution which does not necessarily mean to have a complete contract. In this article with the goal of reviewing contractual risk allocation in Usance finance contracts, a thorough study has been done on related researches and then a complete review has been done on different contracts in Downstream petrochemical projects. Concentration on used risk management mechanisms in both cases and related risks shows severe issues and bugs in both contracts. Some contractual risks are not addressed at all and the case contracts are not balanced in the view of contractual risks distribution.

Today, management requires a new approach in the areas of production planning and operations process with a cost management approach. Organizations and industrial units to lead their lives, by recognizing the impact points of the challenges ahead and positive impact, guide and lead them to advance the goals of the organization. Economic dispatching with particle swarm optimization algorithm approach is an approach in the field of industrial units. Dispatching tries to determine the share of production capacity in a way that optimizes the overall performance of the system economically and improve system performance, including: production and process planning, supply and demand balance, cost management, productivity growth, optimal allocation of resources according to the capacity of tanks, formulation of production and operational strategies, the impact on the strategic vision document. In this research, an attempt has been made to perform economic dispatching with the approach of particle swarm optimization algorithm with hypothetical information to measure the feasibility of implementation and its impact on the overall performance of the system and production process and operations.

The present article aims to examine the risk of host governments’ interference with the property of foreign investors (expropriation) in the petroleum industry. Host states have the police power to make regulatory changes. The ‘police power’ is defined as the inherent and plenary power of a sovereign to make all laws necessary and proper to preserve the public security, order, health, morality, and justice. It is a fundamental power essential to government, and it cannot be surrendered by the legislature or irrevocably transferred away from government. The government can interfere with the contract and change the contract terms or may even directly take the investment. This is the main reason for international petroleum disputes and international arbitration practice has addressed such risk. For this purpose, the concept of property and compensable property rights under international law are of great significance. Indeed, expropriation conveys a deprivation of a property owner of this property. This paper assesses the concept of expropriation, the international legal requirements for a lawful expropriation, and then, analyses the relevant international arbitral awards in petroleum jurisprudence.

The present article aims to argue indirect expropriation in international petroleum agreements and to analyse the response of international arbitrations. In particular, international arbitral awards by the Iran-US Claims Tribunal, the Yukos case as an Energy Charter Treaty Arbitration and certain North American Free Trade Agreement cases have been examined. The recent trend shows that taking of foreign investors’ property may take place not only through legislation or nationalisation but also by indirect methods that can have the same effect as direct expropriation. Indirect expropriation does not necessarily require transfer of legal title from the international oil company to the host state. Hence, it is difficult to make a distinction between legitimate regulation and measures, which are tantamount to expropriation with the payment of compensation. The identification of an indirect expropriation is complex and depends upon the examination of the legitimate expectations of the investor concerning enjoyment of its investment. Host governments may employ different methods to achieve what amounts to direct taking, but without acknowledging it as such, to avoid legal consequences of expropriation and then payment of compensation.

This study aimed to develop Oil approaches affected by effective factors for the success of economy-based entrepreneurship in the Oil Industry. In other words, efforts were made to identify and prioritize the factors affecting the development of Oil approaches under the impact of effective factors for the success of economy-based entrepreneurship in the Oil Industry. A review of the previous studies in this field revealed that the factors affecting the development of Oil approaches affected by factors involved in the success of economy-based entrepreneurship in the Oil Industry were institutional, organizational, environmental, economic, technological and opportunity recognition criteria. The present research was applied in terms of goal and survey, cross-sectional regarding data collection method and time frame. The statistical population consisted of experts in the country’s oil industry system. In total, 16 individuals were selected from the central bank managers by purpose sampling. Data were collected using an expert questionnaire, and the fuzzy Delphi method was applied to ensure the validity of the identified indicators. In addition, the reliability of paired comparisons was assessed by calculating the incompatibility rates via the Gogus and Butcher method. In this regard, reliability was acceptable in all cases of less than 0.1. The ranking of key criteria showed that economic factors had of the highest importance, followed by institutional, environmental, organizational, opportunity recognition process, and technological factors.

The purpose of this research is selecting the Most Effective Strategic Capability for Sustainable Development under Risk and Uncertainty in the Oil Industry by Rough Set Theory. The research methodology is qualitative and quantitative. The target population in the qualitative section included 14 industrial management specialists at the university level and in the quantitative section 32 senior managers in companies active in the Oil Industry. In this research, were used Meta-synthesis and Delphi analysis methods were used to identify the components and propositions of the research and in a small part, the analytical approaches of Ruff collection. The results showed that among the 15 final statements of risk and uncertainty in the Oil Industry, the risk of change in domestic law relative to political / economic diplomacy in the development of infrastructure for the Oil Industry X5 as the most important risk statement and uncertainty in the field. Political and legal risks that have been identified as a measure of the strategic viability of sustainable development. Finally, it was found that, despite the most probable risks selected in this study, namely the risk of changes in domestic law to political / economic diplomacy in the development of infrastructure of the Oil Industry "X5" Existence of sanctions of the world powers "X1" Strategic capabilities of sustainable economic development is the most important feature that should be considered in the country's inflationary conditions.

Understanding of the interplay between IP rights and competition law in the context of technology transfer in the Iranian oil industry is a point that is discussed in this article. While intellectual property rights enjoy a historic record and appropriate rules in this regard, the competition rights in Iran are taking their initial steps. This imbalance stems from the root of the formation of the legal system of oil in Iran based on contractual frameworks over time. The point to be made in this article is that technology transfer can be expected to take place when the type and purpose of technology transfer have already been defined by legal organizations in relation to the relevant industries. Also, the general targeting in the upstream laws alone cannot meet the legal requirements for the transfer of appropriate technology. Therefore, when even one of the mentioned factors does not exist, one cannot expect constructive interaction in the above-mentioned legal systems.

With the increasing competitiveness of the capital market, one of the topics that has attracted the attention of many financial researchers in recent years is the reasons for the formation of abnormal stock returns as a stimulus for restructuring companies due to the difference between real returns and Expected (normal) returns can motivate investment in the capital market. The purpose of this study is to evaluate the impact of the reasons for the formation of abnormal stock returns on the content of the autopoietic restructuring theory of companies operating in the petrochemical industry in the capital market. In this study, in order to identify the components (reasons for the formation of abnormal stock returns) and research propositions (content themes of corporate autopoietic restructuring theory), a combined analysis was used with the participation of 15 accounting experts at the university level. In the quantitative part, the components and propositions identified in the form of matrix questionnaires were evaluated by interpretive ranking process (IRP) by 20 financial managers of capital market petrochemical companies. The results showed that the most effective reason for the formation of abnormal stock returns is the institutional and regulatory causes of the stock market, which has the greatest impact on the dimension of autopoietic restructuring strategy of petrochemical companies. In other words, institutional and regulatory changes in the stock market by upstream institutions will be able to influence the restructuring process with the aim of matching the content with the structural process (the autopoietic approach).

Purpose and necessity of research: The main issue of this research emerged when we looked a huge amount of strategy formulation in various petroleum companies in Iran, in which, those documents followed the classical patterns (such as David model) of strategy formulation, on the prescriptive-consecutive paradigm, with no face of the environmental approaches to conduct the planning process of strategy formulation. In this article, we suggest the pattern of Reeves, Hannes and Sinha (2015), in order to choose and execute the right approach for National Iranian Oil Company (NIOC)’s strategy formulation. Research Methodology: This research is developmental, explanatory and quantifiable research. The research strategy was survey and by its application, the information needed to determine the degree of NIOC environmental strategic dimensions and prioritization of different patterns of strategy formulation in NIOC, were achieved. Research Findings: The shared value strategy, shaped NIOC as the leader of oil and gas industry in the various domestic industry and above all into the international market as the OPEC joint partner. It seems that NIOC organizational culture adapt with the shared value strategy according to creation, lead, and membership in the share of crude export with OPEC and non-OPEC collaboration during the ages. Therefore, NIOC should craft the shared value strategy for the niches of oil and gas markets.