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:: Volume 13, Issue 54 (Autumn 2017 2017) ::
QEER 2017, 13(54): 95-133 Back to browse issues page
Rules Governing International Oil sale Contracts and the Role of the Intenational Convention on Commodity Sales in these Contracts
Hoda Kashanizade 1, Abdolhossein Shiravi Qoozani 2
1- PhD Candidate University of Tehran (Faraby Campus) , hoda.kashanizadeh@gmail.com
2- University Professor University of Tehran (Faraby Campus)
Abstract:   (740 Views)
Applicable law is one of the issues in international crude oil sales contracts.  When we review General Terms and Conditions (GTCs) for crude oil sales by international oil companies including Chevron, Total, Royal Dutch Shell, Statoil and Litasco, we notice that they stipulate English law as the legal framework applicable to their contracts. and are not bound by provisions of the United Nations Convention on Contracts for the International Sale of Goods 1980 (CISG). State owned oil companies of developing oil exporting countries have generally chosen their domestic law as the governing framework for crude oil sales and are silent about the CISG since they have not acceded to it.  Our study shows that the CISG does not provide any restrictions applicable to crude oil sales contracts. Oil traders prefer to use English Law rather than CISG becauase CISG provisions are too general and vague, hard to review and have unpredictable effects on contracts.  Given the shortcomings of the CISG, there is no merit to its ratification by developing oil exporting countries as far as its application to crude oil sales contracts is concerned.
JEL Classification: K3
 
Keywords: General Terms and Conditions, Vienna Convention, English Law, Governing Law
Full-Text [PDF 427 kb]   (564 Downloads)    
Type of Study: Thesis(PhD.) | Subject: Contracts
Received: 2017/02/7 | Accepted: 2017/12/27 | Published: 2017/12/27
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Kashanizade H, Shiravi Qoozani A. Rules Governing International Oil sale Contracts and the Role of the Intenational Convention on Commodity Sales in these Contracts. QEER. 2017; 13 (54) :95-133
URL: http://iiesj.ir/article-1-817-en.html


Volume 13, Issue 54 (Autumn 2017 2017) Back to browse issues page
فصلنامه مطالعات اقتصاد انرژی Quarterly Energy Economics Review
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