Governing Law and Dispute Resolution in the Oil and Gas Industry

Governing Law and Dispute Resolution in the Oil and Gas Industry
Author: Pereira, Eduardo G.
Publisher: Edward Elgar Publishing
Total Pages: 567
Release: 2022-08-23
Genre: Law
ISBN: 1786434652

The oil and gas industry’s wide international exposure and constantly changing landscape leave it particularly vulnerable to disputes. As this practical book demonstrates, the risks associated with disputes can be mitigated by parties utilising governing law and dispute resolution clauses in contractual agreements within the sector. Examining a global range of jurisdictions, the book offers clear guidance on the most appropriate choice of law and choice of dispute resolution forum for oil and gas contracts, analysing the key issues and defining the legal contours involved.

Dispute Resolution in the Oil and Gas Industry

Dispute Resolution in the Oil and Gas Industry
Author: Iyadah John Viko
Publisher: LAP Lambert Academic Publishing
Total Pages: 52
Release: 2012
Genre:
ISBN: 9783659113598

Disputes in the oil and gas industry can range from quantity and quality disputes, jurisdiction disputes, disputes involving equipment, gas contracts, oil trading contracts, subcontracting and a host of them. In the oil and gas industry, you tend to find different contractors from different parts of the World coming together in a joint venture, or some sort of arrangements for commercial purposes. Generally, dispute is inevitable, so also in the oil industry. Therefore it is advisable and necessary to anticipate likely disputes in advance and provide a suitable means to resolve such disputes. The need for processes that are fast, effective and cause minimum or no disruptions to working activities and relationships are always appropriate. Processes that are both private and flexible are most preferred by the oil industry. This is because the nature of the oil industry is a peculiar one in the sense that it makes or loses money per second of production or non-production. This work summarises and discusses why resort to court is inevitable in the Oil and gas industry.

Dispute Resolution in the Energy Sector

Dispute Resolution in the Energy Sector
Author: Ronnie King
Publisher: Globe Law and Business Limited
Total Pages: 0
Release: 2012
Genre: Business & Economics
ISBN: 9781905783625

This title provides a practical, user-friendly overview of the essentials of dispute resolution in the energy industry. Leading practitioners from international law firms and global companies consider, among other things, the drafting of dispute resolution clauses, the effective use of international arbitration, the management of large-scale energy disputes, and the development of case law in oil and gas disputes, construction disputes, environmental disputes and disputes arising in the renewables and nuclear sectors.

International Arbitration in Latin America

International Arbitration in Latin America
Author: Gloria M. Alvarez
Publisher: Kluwer Law International B.V.
Total Pages: 462
Release: 2021-04-08
Genre: Law
ISBN: 904119973X

Energy projects in Latin America are a major contributor to economic growth worldwide. This book is the first to offer a comprehensive, in-depth analysis of specific issues arising from energy and natural resources contracts and disputes in the region, covering a wide range of procedural, substantive, and socio-legal issues. The book also includes how states have shifted from passive business partners to more active controlling players. The book contains an extensive treatment and examination of the particularities of arbitration practice in Latin America, including arbitrability, public order, enforcement, and the complex public-private nature of energy transactions. Specialists experienced in resolving international energy and natural disputes throughout the region provide detailed analysis of such issues and topics, including: state-owned entities as co-investors or contracting parties; role of environmental law, indigenous rights and public participation; issues related to political changes, corruption, and quantification of damages; climate change, renewable energy, and the energy transition; force majeure, hardship, and price reopeners; arbitration in the electricity sector; take-or-pay contracts; recognition and enforcement of awards; tension between stabilization clauses and human rights; mediation as a method for dispute settlement in the energy and natural resources sector; and different comparative approaches taken by national courts in key Latin American jurisdictions. The book also delivers a clear explanation on the impact made to the arbitration process by Covid-19, emerging laws, changes of political circumstances, the economic global trends in the oil & gas market, the energy transition, and the rise of new technologies. This invaluable book will be welcomed by in-house lawyers, government officials, as well as academics and rest of the arbitration community involved in international arbitration with particular interest in the energy and natural resources sector.

The Efficacy of Dispute Resolution Provisions in Uganda's Production Sharing Agreements and Developing Uganda's Upstream Oil and Gas Sector

The Efficacy of Dispute Resolution Provisions in Uganda's Production Sharing Agreements and Developing Uganda's Upstream Oil and Gas Sector
Author: Caleb Alaka
Publisher: GRIN Verlag
Total Pages: 157
Release: 2021-06-22
Genre: Law
ISBN: 3346426270

Master's Thesis from the year 2021 in the subject Law - Miscellaneous, Uganda Christian University (School of Research and Post Graduate Studies), course: LLM, language: English, Middle (1100-1500), abstract: This Research will focus on the efficacy of the dispute resolution mechanisms including legal and non-legal nature in Uganda’s Model PSA. The researcher evaluated, resolved and examined the ADRs and legal forms by using primary, and secondary sources to do qualitative and quantitative analysis. This study also described the rules, procedures and limitations of dispute resolution mechanisms in the MPSA. This research will recommend that the scope of disputes to be resolved through arbitration under Uganda’s Model PSA’s should be widened, further that arbitration should be taught to all lawyers as continued legal education process and it will also recommend that institutions like CADER AND ICAMEK be strengthened and our Arbitration and Conciliation Act of 2000 and its rules be revised to meet international standards so as to be relevant in the oil and gas industry and to make it effective in resolving oil and gas disputes. Dispute Resolutions are key to the development of not only a sector like oil and gas but has a direct correlation with the development of an economy. Key among the dispute resolution mechanism is Alternative Dispute Resolution (ADR), also described as the non-legal nature of dispute resolution. ADR has become the norm in resolving conflicts between IOC’s and States in dealing with oil and gas disputes. This is so because it provides a quick and confidential mechanism of resolution of disputes and it can be done in a place or seat agreed by the parties. As a result, it is one of the key considerations in attracting investments unlike the traditional litigation system whose appellate processes are long and in most cases beleaguered with accusations of corruption especially in developing Countries. Uganda like many other jurisdictions has a robust legal framework aimed at enhancing alternative dispute resolutions and it’s a party to many conventions for example, the Convention on the Recognition and Enforcement of Foreign Arbitral Awards (the New York Convention), ICSID and the UNCITRAL Model Law on International Commercial Arbitration and its home based legislations which are key to facilitating alternative dispute resolution. Provisions for Alternative Dispute Resolution are included in the PSAs Models of Uganda as a way of encouraging dispute resolutions in Uganda’s oil and gas sector.

Oil and Gas Law in the UK

Oil and Gas Law in the UK
Author: Dr Mohammad Alramahi
Publisher: Bloomsbury Publishing
Total Pages: 354
Release: 2021-05-28
Genre: Law
ISBN: 152650653X

Oil and Gas Law in the UK offers in-depth analysis of the central legal issues connected to this important UK industry. The second edition of this text provides an overview of the United Kingdom Continental Shelf (UKCS) and how it relates to oil and gas law. It also offers: - Coverage of operations, contracting and the future of the UKCS - A detailed examination of the UK oil and gas industry - Consideration of the general framework of the international oil and gas industry Oil and Gas Law in the UK is written in a clear and reader-friendly style and includes detailed appendices on cross-boundary agreements and guidance on disputes.

Alternative Dispute Resolution in the Energy Sector

Alternative Dispute Resolution in the Energy Sector
Author: Association for International Arbitration
Publisher: Maklu
Total Pages: 158
Release: 2009
Genre: Business & Economics
ISBN: 9046602672

In a world held in the grip of economic downfall - with increasing scarcity of energy supplies, plummeting oil prices, rising intra-state energy transit, protectionist natural resources policies, and growing environmental concerns - time and cost are not to be underestimated factors in the choice of a suiting dispute resolution method. This book covers the hot topics related to the Energy Charter Treaty, not only from a theoretical point of view, but also from practical experiences in France, the UK, and Belgium. Moreover, this publication is original in that it addresses the issue of soft law in investment arbitration and includes a fictional case elaborating on the influence of different interest groups in energy disputes.