Study of the characteristics of the expert determination in resolving the disputes of the oil and gas industry and how to implement it in the Iranian judicial courts

Choosing the proper method for resolving disputes in the oil and gas industry is important and among these various methods, However, it is less acceptable to refer to an expert-determination than other dispute resolution methods, but because of the technical nature of issues, the speed and accuracy of experts in decision making, referring disputes to expert-determination is of particular priority and importance. And in some cases, such as estimating the volume of reserves, the financial value of the benefits of participating and reviewing the base price of gas sales contracts, It is the best possible solution for resolving disputes. For this reason, identifying common expert characteristics in the legal doctrine and documents of international organizations and also examining the special advantages of this method in contracts concluded in oil and gas industry can help its development in this contractual system. The most important challenge of using this method is how to implement them in the courts of justice. In this article, by analyzing the legal bases related to the principle of free will and validity of regulatory documents outside Iran, an attempt has been made to provide a solution for the implementation of expert-determination in Iranian legal and judicial system.