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This book focusses on key practical issues faced by oil and gas companies in different parts of the world in negotiating and implementing Joint Operating Agreements.
Historically oil and gas upstream activities were developed in common law jurisdictions. In the same manner the first model form of Joint Operating Agreements (JOAs) was developed in 1956 by the American Association of Professional Landmen. This historical model form provided the industry with guidance for future generations of JOAs. Although the JOAs were initially used in common law jurisdictions (US, Canada, UK, etc.) later on it was used in civil law jurisdictions throughout South America, Africa, Europe and Asia. There is no JOA model available in the industry to address all of the requirements from a large variety of civil law perspectives. The Norwegian and Greenlandic authorities offer their own JOA models, which are suitable within these jurisdictions. The AIPN JOA model form 2012 issued a short guidance note for civil law issues. Although this initiative was very much welcomed by the industry, it was not possible to provide extensive guidance on every detail and provide advice on exactly what your JOA provisions should look like at the very end. Therefore, the main issue for the petroleum industry is the fact that large upstream investments could be done based on a contract that might not be enforceable in a civil law jurisdiction. This book analyses the main issues that a JOA might face within seventeen civil jurisdictions with large oil and gas reserves or at least large potential (including but not limited to Angola, Argentina, Brazil, China, France, Holland, Indonesia, Kazakhstan, Mexico, Mozambique, Norway, Russia, Uzbekistan, Venezuela, etc.). It is a unique and valuable publication for practitioners, legal counsel, businessmen, and academics involved in the upstream industry around the world.
This new title examines the most complex provision of the JOA, explaining everything that individuals working in the petroleum industry should know about exclusive operations and their consequences.
This new second edition provides a pragmatic examination of the provisions of a typical JOA in the order that they appear, with a particular focus on the critical issues of scope, the operator s role, joint and exclusive operations, default, transfers and decommissioning"
In the process of resolving disputes, it is not uncommon for parties to justify actions otherwise in breach of their obligations by invoking the need to protect some aspect of the elusive concept of public order. Until this thoroughly researched book, the criteria and factors against which international dispute bodies assess such claims have remained unclear. Now, by providing an in-depth comparative analysis of relevant jurisprudence under four distinct international dispute resolution systems – trade, investment, human rights and international commercial arbitration – the author of this invaluable book identifies common core benchmarks for the application of the public order exception. To achieve the broadest possible scope for her analysis, the author examines the public order exception’s function, role and application within the following international dispute resolution systems: relevant World Trade Organization (WTO) agreements as enforced by the organization’s Dispute Settlement Body and Appellate Body; international investment agreements as enforced by competent Arbitral Tribunals and Annulment Committees under the International Center for Settlement of Investment Disputes; provisions under the Inter-American Convention of Human Rights and the European Convention of Human Rights as enforced by the Inter-American Court of Human Rights and the European Court of Human Rights, respectively; and the New York Convention as enforced by national tribunals across the world. Controversies, tensions and pitfalls inherent in invoking the public order exception are elucidated, along with clear guidelines on how arguments may be crafted in order to enhance prospects of success. Throughout, tables and graphs systematize key aspects of the relevant jurisprudence under each of the dispute resolution systems analysed. As an immediate practical resource for lawyers on any side of a dispute who wish to invoke or strengthen a public order exception claim, the book’s systematic analysis will be welcomed by lawyers active in WTO disputes, international investment arbitration, human rights law or enforcement of foreign arbitral awards. Academics and policymakers will find a signal contribution to the ongoing debate on the existence, legal basis, content and functions of the transnational public order.
This work brings together those acts, or sections of acts, which create statutory offences, with authoritative annotation. It includes statutory offences created by the Scottish parliament and deals with summary applications. (Includes service to the end of 1999)
This book provides a comprehensive overview of the key aspects and contracts involved in the process of developing oil and gas projects, with an emphasis on offshore developments. Project development in oil and gas carries with it numerous unique risks and challenges. By identifying and managing risk through the various contract stages, each stage of the project is seen in perspective and therefore gives readers a better understanding of how that stage was arrived at and what is expected to come later. To do this, the authors use illustrative international case studies from past and current projects, thereby deepening the reader’s understanding and awareness of risk from practical experience, as well as suggesting answers for those who are involved in developing oil and gas projects. The Application of Contracts in Developing Offshore Oil and Gas Projects is intended for project owners, project managers, contractors, finance managers, commercial managers and lawyers who seek to understand the subject from a practical point of view.
This updated edition provides the unique combination of an encyclopaedia with commentary for the entire chain of petroleum activities.Fully updated, this new edition provides additional sections on (i) international laws and treaties with direct impact on the upstream sector, (2) anti-corruption laws and practices, (3) corporate and social responsi
The Association of International Petroleum Negotiators (AIPN) model form joint operating agreement (JOA) was first issued in 1990 and has undergone a number of subsequent revisions. It is the most widely-used (although not always the most liked) joint operating agreement in international conventional oil and gas projects today. This book offers a pragmatic, detailed clause-by-clause review of the most recent (2012) version of the conventional petroleum AIPN JOA. Each clause is analysed in depth by reference to: (1) a statement of what the clause says; (2) a summary of the intended meaning of the clause; and (3) observations on how the clause tends to be modified in practice and might be improved. The book also analyses the major appendices of the AIPN JOA, including the accounting procedure and the lifting procedures. This book is written by experienced practitioners who together have many years of knowledge and understanding in redrafting, negotiating and applying the AIPN JOA. It will be invaluable to legal representatives, financiers, commercial managers, operational personnel and government parties who are dealing with the AIPN JOA, whether for the first time or from a position of relative familiarity.