الفهرس 
الاحكام العامة لعقود نقل الكنولوجيايوجد فقط 14 صفحة متاحة للعرض العام
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المستخلص
Summary
Technology in our time is ·deemed among the most
effective and
influential weapons on the markets, with
this meaning it constitutes one
of the most important
financial assets of the projects, so the projects
generating technology certainly tend to keep it, he
nce
searching for the
legal events that provide legal
protection for its monopoly and preserving
it to keep
controlling the international markets, on the other
hand, the
developing countries seeks to import
technology to speed up development
and to catch up
with advancement that prevails our modem world,
and
from here appears the importance of the contract
as a legal means for the
operation oftechnology
transfer.
May be the most important issue raised by
technology transfer contract lies in the se
nsitivity
of its parties originally stemming from
the
technology transfer operation itself as the techn
ology
importing party is deemed a public moral person w
ith
sovereignty, as for the exporter party, it is o
ften a
foreign private party
embodied in the
multinational
companies
.
As for the issues raised by the contract itself, th
ey are
numerous and varied and their commencement precede
s
writing the contract and they
continue till its expiry and
exceeds this period in many times, and among
these
issues inequality among contract’s parties, as the
exporter
as a
powerful party tries imposing his conditions whethe
r
in terms of making
his commitment just a commitment to
undertake diligence not a
commitment of attaining a
result or in terms of defining his responsibility,
and the
importer often obeys these conditions as he needs t
his
technology,
and for the lack of results that may be of
II
benefit in shade of restrictions
imposed by most
companies on specific types of technology.
In this regard, comes the role of legislation as a
main tool
for applying any technological policy used by the r
eceiver
that follows the developing countries, in a way mak
ing its.
rules translate this policy to clear and binding pr
ovisions,
despite this, applying these rules - in case they e
xist raises
many complexes that heavily exceeds the ones highli
ghted
in other law branches as technological information
exchange across borders forces the parties of any
international relation to adapt their relations to
many
foreign legal systems, and this matter gets more
complicated in shade of the lack of accurate and cl
ear
provisions handling the raising disputes among the
international technology transfer contract parties.
Despite this, the international contract parties w
ere keen to
deter.mine the rights and commitments of each of th
em in
terms of scope and content, in addition to the rion
short
period of negotiation for writing the contract, but
this does
not mean that there are no differences among them d
ue to
the complex ·and composite nature of these contract
s, from
here appears the importance of these contracts disp
utes
settling ways, and the friendly ways that the parti
es of the
international. contract are keen to work by initial
ly to settle
their differences .come ahead before resorting to o
ther ways
that are more complex such as judiciary and arbitra
tion.
But the parties may not agree on· working by them d
espite
their importance, or the parties may agree on worki
ng by
them but they may fail to set a suitable solution f
or the
dispute, so it is suitable to think of another way
for settling
these disputes, hence the developing countries rece
iving the
technology are keen to resort to its national judi
ciary to
settle these disputes, while the more powerful part
y that is
the exporter does not prefer to work by this means
for the
long and restrict procedures that characterize it p
referring to
III
use arbitration.
And as the last party insists to work by this syste
m, and for
the developing countries’ need of advanced technolo
gy,
these countries hastened to recognize this system
and
submitting it in a trial to attract foreign technol
ogical
investments, so this arbitration became the most pr
evalent
way to settle the technology transfer contracts
disputes,
as we do not exaggerate when saying that this syste
m
became the normal judiciary in this field, and almo
st all the.
disputes of these contracts resort to it.
As for the tssues raised relating to the law that m
ust be
applied on technology transfer contracts, they are
among
the most important issues that entail many problems
to be
examined. Despite recognizing the role played by th
e rule
of.will law ·in .the field of these contracts by t
he
international special law jurisprudence, but they w
ere not
free of margining trials that affected it, to limit
the
specialization of the contracting country’s law esp
ecially in
shade of experiencing a real crisis by the dispute
approach
that tends. to apply the law of a specific country
in shade of
the current economic conditions
Also, theories multiplied and opmtons differed rega
rding
the determination of the law to be applied in
case of
absenting the law of will, as the complex and co
mposed
nature of these contracts in addition to its linkag
e to
economic development plans made the issue of determ
ining
the law to be applied in this case a very
sensitive
matter, from here appeared a trend that express
es the
interests of the technology receiving countries w
hich are
mostly developing countries, and this opinion trie
d to plant
these contracts in tlte legal system of
the receiving
countries depending in this on several legal evid
ences,
among which the objective focus approach recogni
tion of
the main contract elements, here appears the
distinctive
performance theory clearly, among which adaptin
g these
IV
contracts as managerial contracts to pave the way f
or their
submission to the organizing authorities in the law
of the
technology receiving country, also there are ones w
ho adopt
the country’s right to organize these contracts upo
n legal
considerations embodied in some decisions of the
international entities and organizations concerned
with this
matter.
As for the second trend - expressing the interests
of the
multinational companies - it goes for necessitating
exiting
these contracts out of the authority of the nationa
l laws in a
trial to internationalize them so they are subject
to a group
of objective rules with the difference regarding th
e
determination of these rules, under the pretext of
these laws
failure to fulfill the international trade requirem
ents, may be
among the most important ways that try to interna
tionalize
these contracts giving the contracted ones wide f
reedom in
selecting contract law, as it goes for considering
the parties’
agreement in this regard as the self law of the con
tract,
among these ways also, applying the general princip
les of
the law and the rules of the international trade, a
nd this
trend seems more powerful on the international aren
a -
regardless the searcher’s point of view- and the ou
tcomes of
the international arbitration rulings lately is the
best
evidence of this.