ISJFA Current Issue
International SAMANM Journal of Finance & Accounting (ISJFA)
Online ISSN 2308-2356 Print ISSN 2309-3439
January 2019 Volume 7, Issue 1 |
Title: The Article 139 of the Constitution in BITs between Iran and other countries and its role in the investment contracts of the Ministry of Energy
Abstract: From 1996, the ratification of the first agreement between Iran and Armenia until the end of 2012, 58 items of “bilateral investment agreement” to be concluded between Iran and other countries. These agreements, which govern the investment relations of the two Contracting States and their nationals, guarantee the rights and obligations that the Contracting Parties have agreed upon in detail during the initial consultations. These agreements will undoubtedly be the source of many effects and consequences, as they are the result of a conflict of interest between the Contracting Parties that defines the benefits, defines the guarantees, and determines the ways in which they are to be implemented. One of the guarantees provided by the Iranian legislature for the protection of the rights of the Iranian party in the said agreements is the observance of Article 139 of the Constitution in referring disputes to arbitration. This condition, which is contained in the single article of ratification of most agreements, in most cases is inconsistent with the content of the terms in the text of the agreement with respect to non-Iranian parties and the obligations arising from those conditions can not be considered as a compromise of the contracting parties. Not only is it not a guarantee for the rights of the Iranian side, but it sometimes becomes a tool for violating the rights of the Iranian side in referring disputes to arbitration. Therefore, accuracy in the text of the agreements and the provisions of the single article of their approval can be very important for
users such as the Iranian legislator and investor or investor, especially the Ministry of Energy. This importance is the subject of analytical and descriptive studies in the present article.
Author/s: Masoud Hassanlou Fard
Pages: 01-07
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