Predictability in Oil and Gas Investment Agreements: Balancing Interests for a Stable Investment Environment

Author: Stanislava Nedeva
Publisher: Edward Elgar Publishing
ISBN: 9781035308293
Published In: March 2024
Format: Hardback
Jurisdiction: U.K. ? Disclaimer:
Countri(es) stated herein are used as reference only

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This rigorous book explores the opposing investor-State relationship and argues that a stable investment environment is achieved when the rights of both parties are recognised and balanced. Stanislava Nedeva examines how both certainty and predictability can be achieved in oil and gas investment agreements and identifies the ways in which political risks to contractual stability and indirect expropriation can be mitigated.

Nedeva draws on theoretical and practical dimensions in discussion of key theoretical doctrines and proposes practical solutions to the problems facing investment stability. The book provides a comprehensive analysis of key aspects to stability such as good faith, fair and equitable treatment, stabilisation, umbrella and adaptation clauses, model and signed oil and gas contracts, and relational contracts theory. Numerous case studies are critically analysed with a particular focus on the instruments and factors which represent the continuity of the business relationship, respect for the host state’s sovereignty, and the investor’s need for clarity and stability of rights and obligations.

International in scope, this timely book will be of great interest to academics, researchers and students interested in arbitration and dispute resolution, energy law, and international investment law. With numerous practical implications, this book will also be beneficial for legal practitioners and arbitrators.

Contents:

Introduction to Predictability in Oil and Gas Investment

Agreements

The importance of certainty and predictability in oil and

gas investment contracts

The pursuit of good faith in oil and gas contracts and arbitrations

Stabilisation clauses and the pursuit of certainty and predictability

Scope of arbitral powers in adapting the contractual terms

in oil and gas contracts

Model and signed oil and gas contracts – review of

stability mechanisms in developing and transition

economies to guarantee certainty and predictability