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Joint Operating Agreements: Challenges and Concerns from Civil Law Jurisdictions


ISBN13: 9789041159342
Published: September 2015
Publisher: Kluwer Law International
Country of Publication: The Netherlands
Format: Hardback
Price: £178.00



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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.

Subjects:
Energy and Natural Resources Law
Contents:
Introduction Eduardo G. Pereira
Chapter 1 Working with Joint Operating Agreements in Civil Law Jurisdiction: Angola Rosario Consulting (Patrícia Rosário & Paolo Esposito)
Chapter 2 Working with Joint Operating Agreements in Civil Law Jurisdiction: Argentina
Tomas Lanardonne & Pablo Rueda
Chapter 3 Working with Joint Operating Agreements in Civil Law Jurisdiction: The Brazil Case
Jose Virgilio Lopes Enei & Daniel Szyfman
Chapter 4 Working with Joint Operating Agreements in Civil Law Jurisdiction: China
Dirk Walker & Dina Yin
Chapter 5 Working with Joint Operating Agreements in Civil Law Jurisdiction: France
Ramin Hariri
Chapter 6 Working with Joint Operating Agreements in Civil Law Jurisdiction: Indonesia
Madjedi Hasan
Chapter 7 Working with Joint Operating Agreements in Civil Law Jurisdiction: Kazakhstan
Zulfiya Akchurina
Chapter 8 Working with Joint Operating Agreements in Civil Law Jurisdiction: Mexico
Miriam Grunstein Dickter & Maria Solange Maqueo Ramirez
Chapter 9 Working with Joint Operating Agreements in Civil Law Jurisdiction: The Republic of Turkey
Ricardo Néry
Chapter 10 Working with Joint Operating Agreements in Civil Law Jurisdiction: The Netherlands
Jaap Jan Trommel
Chapter 11 Working with Joint Operating Agreements in Civil Law Jurisdiction: Norway
Tonje P. Gormley
Chapter 12 Working with Joint Operating Agreements in Civil Law Jurisdiction: Poland
Piotr Pszczel
Chapter 13 Working with Joint Operating Agreements in Civil Law Jurisdiction: Portugal
Rosario Consulting (Patrícia Rosário & Paolo Esposito)
Chapter 13 Working with Joint Operating Agreements in Civil Law Jurisdiction: Portugal
Chapter 14 Working with Joint Operating Agreements in Civil Law Jurisdiction: Russia
Jonathan H. Hines
Chapter 15 Working with Joint Operating Agreements in Civil Law Jurisdiction: The Republic of Turkey
Mehmet Suat Kayikçi
Chapter 16 Working with Joint Operating Agreements in Civil Law Jurisdiction: Uzbekistan
Kamilla Khamraeva & Olga Kim
Chapter 17 Working with Joint Operating Agreements in Civil Law Jurisdiction: Venezuela
Carlos Bellorin & Federico Jagenberg ;