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.

Unlike many arbitrations, the arbitration procedure for price reviews in gas industry contracts is not based on allegations that one party has breached a contract or otherwise committed a legal wrong. Instead, arbitrators are asked to determine whether the economics of a contract has been changed in the market, and thus should be adjusted and, if so, to establish a new price formula. Due to the complexity of revision of gas prices, the gas experts have significant role in these arbitrations. Regarding the role of gas experts, gas price arbitrations have specific nature. In this article, the nature of these arbitrations is examined to establish whether they are arbitration or expert determination as one of Alternative Dispute Resolutions (ADR). As Iran has the second proven natural gas resources worldwide and is the third natural gas producer in the world, so, Iran- Turkey case will come under scrutiny in this article.

This applied research carried out to identify the main and secondary components affecting organizational agility in the University of Petroleum Industry in Iran. In the qualitative section, by reviewing the researches and using a designed questionnaire, 13 hypotheses affecting the organizational agility of the University of Petroleum Industry have been evaluated. The statistical population includes 229 experts working in Ahvaz, Abadan, Tehran and Mahmoudabad colleges. According to the recommended results, out of 42 identified sub-components, 39 components have been confirmed as well as all 13 main hypotheses. The results show that the main effective components with organizational agility followed as organizational agility, human resource value creation, organizational leadership, strategic agility of managers, ICT management, training and empowerment of faculty and staff, establishing knowledge management, strengthening university infrastructure and university culture. It should be noted that SMART PLS software and partial squares technique were used to evaluate the hypotheses verification and recommended solutions.

It seems that paying attention to social responsibility by companies can lead to a better stakeholder’s view toward the company, thereby increasing their loyalty and trust. Having the ability to obtain more financial resources in times of crisis, due to the greater loyalty of investors, will result in reducing the company risk. In contrast, being overconfident about the loyalty of individuals to the company can lead to keeping a short-term debt structure, thereby increasing the risk of obtaining financial resources. Recently, the negative impacts of petrochemical companies on the environment have made social and environmental groups focus more on this industry, and this focus has pushed companies into involving in more social activities. Considering the potential impact of CSR on the company’s risk, this study examines the relationship between corporate social responsibility and value at risk in petrochemical industry using a sample of 27 companies listed on the Tehran Stock Exchange during the 2010-2017 period. Eviews 10 is used for computing and analyzing the data, and the generalized auto regressive conditional heteroskedasticity (GARCH) model is employed to estimate value at risk. The results indicate a negative and statistically significant relationship between corporate social responsibilities and company value at risk. <strong> </strong>  

Overconfident managers, who tend to overestimate their capabilities, underestimate the possibility and impact of side effects in projects. The purpose of this study is to review the effect of managerial overconfidence on research and development expenditures and the moderating effect of firm value and liquidity on this relationship. For this purpose 51 companies were chosen from oil/gas, and petrochemical Companies listed on the Tehran Stock Exchange over the period 2012-2017. This research, within three basic hypotheses, is analyzed by Eviews software and shows that managerial overconfidence has positive effect on research and development. Company liquidity has direct effect on relationship between managerial overconfidence and R&D, but firm value has no meaningful effect on the relationship between managerial overconfidence and R&D. <strong>Keywords</strong>: managerial overconfidence, R&D, liquidity, firm value

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.

Though it is generally accepted that information asymmetry has an impact on capital structure policy, the nature of the information asymmetry is not well understood. Recent theoretical works and empirical evidences suggest that financing choice depends upon the information asymmetry about investment risk of the particular use of funds (Halov & Heider, 2012) (Rao, Mohanty, & Baxamusa, 2015). Consistent with this view, we analyzed the data gathered among 199 companies listed in Tehran Stock Exchange during 2009-2016 by The Multiple Linear Regressions in order to test research’s hypotheses have been applied. We also examined the influence of Petrochemical industry on that relationship. The findings show that equity is used to fund projects with greater information asymmetry about their risk such as intangible assets and capital expenditure, while debt is used to fund investments with lower information asymmetry about their risk such as liquidity enhancement. We also found that the membership in petrochemical industry has no effect on the intangible assets and cash holding’s financing method, but concerning with capital expenditure and working capital the impact is significantly negative.

Today, the strategy of outsourcing management, in economic enterprises and especially in government organizations, is one of the most important issues in the field of procurement chain management and Strategic Alliance Management. This issue is of special importance in public organizations and institutions. Because these organizations usually have a wide range of missions and supply chains, and according to macro policies and strategies, they need a comprehensive plan for outsourcing. Despite this importance, few studies have addressed the models of outsourcing development in firms. The purpose of this paper is to explain the model of outsourcing development management in the oil and gas industry, based on using content analysis method and deductive approach to the theoretical framework developed in practice through case analysis in Iranian Gas Transmission Company as the company with the most physical assets control on Iran. With this aim, the information required for the research, in addition to the researchers' observation and reviewing the related documents, was obtained through interviews with a significant population of senior managers and experts in the Iranian oil and gas industry. Using theme analysis method, this information was analyzed and the expected situation of the outsourcing development management in the industry, and the impact and interactions, were described and explained.