Examining the Nature and Legal Dimensions of the Provisional Measures Issued by the Dispute Resolution Committee of the Ministry of Oil

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Ghamafroz Sheyda; Afshari Mohammad Reza; Piri Mehdi

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Journal: Legal Civilization Year:2024 | Volume: | Issue: Page(s): 155-176

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Information Journal Paper

Title

Examining the Nature and Legal Dimensions of the Provisional Measures Issued by the Dispute Resolution Committee of the Ministry of Oil

Author(s)

Ghamafroz Sheyda | Afshari Mohammad Reza | Piri Mehdi | Issue Writer Certificate

Keywords

Contractual DisputesQ4

Dispute Resolution BoardQ4

oil and gasQ4

Provisional MeasuresQ4

Abstract

As a well-established and frequently utilized legal instrument, the temporary order plays a pivotal role in accelerating judicial processes within the Iranian legal and judicial system. Furthermore, this security measure is included in the instructions for resolving Contractual Disputes issued by the Ministry of Oil. This study employs an analytical and comparative approach to examine the nature, evolution, distinctions, and characteristics of the temporary order of the Contractual Dispute Resolution Board. It demonstrates notable differences in form and substance between these two legal institutions. The findings of this study demonstrate that the inability to resort to the general principles of the Civil Procedure Code in instances of silence or ambiguity in the Board's temporary order presents a significant challenge. Furthermore, in light of the primary objective of the issuing authority, which is to resolve the dispute amicably and expeditiously, there are certain objections to this order. These differences and objections demonstrate the inadequacy of the verbal sharing and the ineffectiveness of the temporary order outlined in the directive at the outset of the dispute resolution process. In particular, this research emphasizes the necessity of revising the processes and regulations related to the issuance of the temporary order of the contract Dispute Resolution Board of the Ministry of Oil, so that it can respond more effectively to the urgent and specific needs of the litigants. Furthermore, the conducted investigations demonstrate that in order to enhance the efficiency of this institution, it is essential to implement legal and procedural reforms that are more aligned with the actual conditions and judicial requirements of society.

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