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Author: Eduardo G. Pereira
Publisher:
Published: 2017
Total Pages: 0
ISBN-13: 9781780684116
DOWNLOAD EBOOK →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.
Author: Michael P. G. Taylor
Publisher:
Published: 1988
Total Pages: 172
ISBN-13:
DOWNLOAD EBOOK →A report which examines step-by-step the Joint Operating Agreement as the contractual source of each party's rights and liabilities in the exploration, development and production of oil and gas fields. Coverage includes key clauses of the Agreement plus the legal relationships it creates.
Author: Damilola S.Olawuyi
Publisher: Kluwer Law International B.V.
Published: 2019-12-18
Total Pages: 659
ISBN-13: 9403506652
DOWNLOAD EBOOK →Because agreements concerning oil and gas upstream activities have historically been developed in common law jurisdictions, a growing concern for the petroleum industry is that a some upstream investment might not be enforceable in a civil law jurisdiction to the extent the same standards/concepts are used without any adaptation. This is why it is essential to understand and analyse how to implement a Joint Operating Agreement in civil law countries. This new edition of this unique in-depth treatment of JOAs under civil law offers a new abundance of practical considerations addressing enforceability issues in a wide variety of civil law jurisdictions likely to be conducting joint operations among two or more parties. The country-by-country analysis helps greatly in ensuring that such issues and topics as the following will be covered in a contract subject to civil law: obligations and liabilities; relationship of the parties; exclusive operations; force majeure; hardship; and host granting instrument. A useful appendix to this new edition is dedicated to a wealth of short practical comments and specific guidance. The first edition of this book presented the first JOA edited book to address the essential requirements from a large variety of civil law perspectives. This new edition offers a broader and more complete discussion of the latest legal developments with respect to the legal framework and principles underpinning JOAs in more civil law countries. It analyses the main issues that the petroleum industry and its investors might face in civil law jurisdictions with actual or potential large oil and gas reserves, and as such it is a unique and immensely valuable source of information and guidance for oil and gas law practitioners, legal counsel, and business and commercial negotiators involved in transnational operating agreements around the world.
Author: Peter Roberts
Publisher:
Published: 2012
Total Pages: 0
ISBN-13: 9781905783885
DOWNLOAD EBOOK →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"
Author: Andrew B. Derman
Publisher:
Published: 1986
Total Pages: 209
ISBN-13: 9780897072793
DOWNLOAD EBOOK →Contains the standardized joint operating agreement as developed by the American Association of Petroleum Landmen, instructions, analysis and recommendations for amendments to the form.
Author: Eduardo G. Pereira
Publisher: Globe Law and Business Limited
Published: 2013
Total Pages: 0
ISBN-13: 9781909416130
DOWNLOAD EBOOK →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.
Author: Peter Roberts (Lawyer)
Publisher:
Published: 2012
Total Pages:
ISBN-13: 9786000038731
DOWNLOAD EBOOK →Author: Eduardo G. Pereira
Publisher:
Published: 2015
Total Pages: 0
ISBN-13: 9789041159342
DOWNLOAD EBOOK →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.
Author: Eduardo Guedes Pereira
Publisher:
Published: 2011
Total Pages:
ISBN-13:
DOWNLOAD EBOOK →Joint Operating Agreements (JOA) are well accepted standard agreements in the oil and gas industry. The basic aim of any JOA is to regulate the relationship of the parties in the Joint Venture: Operator and Non-Operators. The former is responsible to perform the operations on the behalf of the consortium and the latter is responsible to contribute with regards to the financial commitments and expenses of the Joint Venture. However, Joint Operation Agreements typically do not reflect the Non-Operator's perspective, as they traditionally focus on the strong position retained by the Operator. This reality is very clear as the most critical clauses (namely management of operations, limitation of liabilities and removal of the Operator) strengthen the Operator's position, often to the detriment of the Non-Operators. In consequence, such an unbalanced agreement can cause uncertainly, raises the potential for litigation and might even jeopardize the very existence of the consortium. It is important to note that some parties might still sign such an imbalanced agreement in order to secure investment into a project but they will be subject to these risks, and even ultimately termination of the agreement. However, the decline of production and the lack of new reserves (which together reflect the maturity of an oil and gas area) will lead major companies to leave such region in search for a province with greater rewards. As a matter of consequence, the strongest party of the JOA shall be replaced by smaller companies so as there will be a shift on the JOA context from a dominant position for another in equitable terms. Consequently, there is a need for a new and more balanced approach to the negotiation of Joint Operating Agreements, to apply to new, current operations and mature operations, where the Non-Operator's perspectives are fully considered and properly addressed.
