Posted: March 6th, 2015

What is the relationship between force majeure and frustration?

The International commercial contracts between the theory of force majeure and The International arbitration settlement (Oil and Gas Agreements in Arab gulf).
Outline:
• The definition of force majeure
• What is the deferent between force majeure and the meaning of frustration, foreseeability, Impracticability, irresistibility?
• What is the relationship between force majeure and frustration?
• Force majeure in common law and contract law.
• Kinds of force majeure Events :
– Source of supply.
– Strake.
– Weather.
– Economic Events.
– Governmental Action (Inflation, price and cost increases).
• Why draft force majeure clauses? Moreover, how? *
• Consequences of force majeure. (Force majeure and its Effects and impacts )
• Force majeure or frustration and (Remedies and reappraisal).
• Indemnity in the international oil and gas contracts. How to draft its clause and interpretation. Which The legal systems could treat contractual indemnity (English law, the laws of Taxas)

• Force majeure and International agreements (oil and gas contracts )
• Why oil and gas agreements could be very important (global contract and it contains a complex legal obligation in every phases start from exploitation contracts , exporting gas or oil contracts, Insurance contracts, Agreements of oil and Gas pipelines , compensation contracts)
• The effect of High- risk political and economic fluctuations.
• Why I select the region of Arab gulf.
Economic Importance – geographical importance- Political environment and its impact on the oil and gas industry in the reality of ails the international freedom of navigation and international trade of the dangers of terrorism, piracy and illegal sake of Oil and Gas- the competition between the countries of Arab gulf to invest in petrochemical Industries.
Force majeure or frustration and (Remedies and reappraisal).
• The importance of international commercial Arbitration.( in oil and gas agreements)
• The Agreement to Arbitrate, and how to determine the Applicable laws.
• Types of international arbitration(which may arise from contractual obligations) :
– Arbitration between states.
– Arbitration between parties subject respectively to the jurisdiction of different states.
– Arbitration between states and private persons of foreign nationality or residence.
• Ad Hoc and Institutional : when the parties conclude an agreement which provide a framework for the resolution of their disputes by arbitration without any assistance from an arbitration institution.
• The new York convention 1958.
• UNCITRAL Arbitration rules

• How to establish and organize of an Arbitral tribunal (The duties, powers and jurisdiction of an Arbitral tribunal). The situation of the role of antinational courts during the proceedings of Arbitration.
• How challenge of Arbitral Awards.
• Recognition and enforcement of Arbitral Awards…..

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