Joint Operating Agreements: Challenges and Concerns From Civil Law Jurisdictions

Law › Environmental / Energy Law

Joint Operating Agreements: Challenges and Concerns From Civil Law Jurisdictions

By Eduardo Pereira
Kluwer Law International September 2015

Specifications

ISBN-13
9789041159342
Publisher
Kluwer Law International
Publication
September 2015
Format
Hardback , 360 pages
Jurisdiction
International ? Countri(es) for reference only

Details

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.

Table of Contents

Editors

Contributors

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

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