The competent court in settling oil disputes

Abstract

After 2003, Iraq witnessed new formulas for oil contracts with international companies to invest in the oil industry in its various stages. This legal variable necessitates the restructuring of the oil sector, which is the main source in the Iraqi economy. Hence the importance of research on this topic stems from oil contracts being among the contracts of sovereignty, which ranks first in the budget of most developing countries, including Iraq. The research deals with a problem with a legal and political dimension at the same time as it relates to the state’s sovereignty that is not superseded by authority. When a dispute occurs between the parties to the contract, we find it difficult to determine the competent court, especially in the absence of spatial jurisdiction in the body of the contract. The discussion discussed whether the competent court is in the court of citizenship and residency of the defendant or the court of the sovereign state and the subject of obligation or the chosen court of the text of the contract. Finally, the position of the Iraqi legislator regarding it was addressed.