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Practical Considerations to Negotiate an Enforceable Joint Operating Agreement under Civil Law Jurisdictions 2nd ed


ISBN13: 9789403506647
Published: December 2019
Publisher: Kluwer Law International
Country of Publication: Netherlands
Format: Hardback
Price: £132.00



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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.

Subjects:
Energy and Natural Resources Law
Contents:
Introduction: Understanding Key Issues Relating to JOAs in Civil Law Countries
Eduardo G. Pereira, Damilola S. Olawuyi
Chapter 1. Angola
Patrícia Rosário, Paolo Esposito
Chapter 2. Argentina
Tomás Lanardonne, Valeria M. Celesti, Sofía L. Pellizaro Arena, Pablo Rueda
Chapter 3. Azerbaijan
Kamil Valiyev, Ali Babayev
Chapter 4. Bolivia
Ramiro Moreno Baldivieso, Fernando Landa Alejandro
Chapter 5. Brazil
Jose Virgilio Lopes Enei, Daniel Szyfman, Fernando Xavier
Chapter 6. France
Bruno Gay
Chapter 7. Indonesia
Anton Latief, Randy Hendrika
Chapter 8. Iran
Donya Moin
Chapter 9. Kazakhstan
Zulfiya Akchurina, Aruzhan Aimak, Maxim Burak
Chapter 10. Lebanon
Malek Takieddine, Dima Chehade, Lama Abou Ali
Chapter 11. Mexico
Miriam Grunstein
Chapter 12. Mozambique
Ricardo Néry
Chapter 13. The Netherlands
Jaap Jan Trommel, Lisa Schoenmakers
Chapter 14. Norway
Tonje P. Gormley, Ole Kirkvaag
Chapter 15. Poland
Piotr Pszcze
Chapter 16. Portugal
Patrícia Rosário, Paolo Esposito
Chapter 17. Qatar
Damilola S. Olawuyi
Chapter 18. Russia
Jon Hines, Alexander Marchenko, Ksenia Lopatkina
Chapter 19. Tunisia
Nadia Chebbi
Chapter 20. Turkey
Mehmet Suat Kayikçi
Chapter 21. Uzbekistan
Umid Aripdjanov, Kamilla Khamraeva
Chapter 22. Venezuela
Carlos Bellorin, Federico Jagenberg
Conclusion
Eduardo G. Pereira, Damilola S. Olawuyi
Appendix A. The Application of Civil Law to the JOA
Appendix B. Guidance Notes to 2012 AIPN Model JOA