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

Author: Damilola S. Olawuyi; Eduardo Pereira
Publisher: Kluwer Law International
ISBN: 9789403506647
Published In: December 2019
Format: Hardback
Jurisdiction: International ? Disclaimer:
Countri(es) stated herein are used as reference only

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Description
Contents

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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.

About the Editors

List of Contributors

Table of 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