درخت حوزه‌های تخصصی

International oil and gas investment disputes constitute an important part of Investor-State Dispute Settlement (ISDS) system. Investment arbitration which considers as a prevalent dispute settlement mechanism in this area is under serious criticisms, since it endures huge costs, causes length of process and devastates the parties’ long-term investment relationship. In the recent years, possibility of applying Alternative Dispute Resolution (ADR) and hybrid dispute settlement mechanisms have largely discussed. Mediation-Arbitration (“ Med-arb”) ; is one of the hybrid and integrated dispute settlement mechanisms which embodies flexibility, non-judicial and negotiate-oriented benefits of mediation and finality advantage of arbitration simultaneously and in a single process ( not in separate processes). In this method, mediation is first attempted by the parties before arbitration could be started, If no settlement is reached during mediation phase, then the appointed neutral or mediator, will act as independent arbitrator(s) and proceed the case under the arbitration process and will render a binding arbitration award. In this method, if parties reach an agreement during the first phase (mediation process), they will not incur huge costs of lengthy investment arbitration. In this method, even If the first stage (mediation process) fails, since mediation process made the disputes more clarified and narrower, then the arbitration process is less lengthy and arbitration will be proceeded more efficiently. Moreover, both investors and host- states in oil and gas investment area, do have strong ambitions to maintain the investment relationships. These goals are achieved better via adopting med-arb proceedings.

Currently, distribution of various types of petroleum products is performed exclusively by the government. The high price of land in metropolitan cities, lack of incentive for the private sector to invest in construction of filling station due to the low-income, have caused filling stations to be insufficiently available. One of the solutions to overcome this obstacle is to use the ability of the private sector for distribution of petroleum products. To reduce the government's ownership, the market structure for petroleum products distribution in the country needs to be changed. This change should be firstly done gradually and step by step, and secondly, the government has to monitor this issue at various stages. In this study, three stages are proposed for the market restructuring of the petroleum products distribution in the country, and the conditions and requirements for each stage are separately identified. For the private fuel distributing companies, the most important problem is the economic issue and having profit. On the other hand, since the product price is still subsidized in the country, therefore, it is indispensable that the amount of commission fee should be determined in such a way that the activity for private companies is economically justified. In this study, the amount of products commision fee is calculated concerning capital and operatational expenditures, using the engineering economics method in different situations by COMFAR version 3 software.