Joint Venture Disputes in the Energy and Natural Resource Sectors

by Martin, A. Timothy; Gilbert, John; Roberts, Peter

• ISBN13: 9780192859617
• ISBN10: 0192859617
• Format: Hardcover
• Copyright: 2023-12-07
• Publisher: Oxford University Press

Summary

Joint Venture Disputes in the Energy and Natural Resource Sectors provides the most comprehensive review of judgments and arbitral awards in these sectors to date. It presents a comprehensive assessment of model joint venture contracts, examining their impact on customary industry practice and case law. Based on a comprehensive industry review of almost 400 cases, the book discusses close to 200 court cases and 50 arbitral awards from around the world - many of which have been previously unpublished - presenting a detailed examination of the issues typically arising in joint venture disputes, trends forming in this area of international energy law, and lessons that can be distilled for future practice.

Given the breadth and depth of its analysis, this volume will be a valuable resource for those involved in negotiating, drafting, managing, and advising on energy and natural resource joint ventures. By identifying the key risk areas in such joint ventures, it will also serve as a critical point of reference for advocates, judges and arbitrators who deal with energy and natural resource disputes.

Author Biography

Peter Roberts, Cross Keys Energy,A. Timothy Martin, Northumberland Chambers,John Gilbert, Bracewell (UK) LLP

A. Timothy Martin (C.Arb, FCIArb, CCA Fellow) is Managing Director of Northumberland Chambers in Calgary, Alberta, Canada. He is currently Chair of the Journal of World Energy Law & Business and was formerly President of the Association of International Energy Negotiators. He has been a senior executive in the international energy business with experience in more than fifty countries. Over his forty-year career, he has also acted as arbitrator, counsel, and expert in energy disputes.


John Gilbert is a partner in Bracewell's London office. He advises on the resolution of energy disputes through litigation, arbitration, expert determination, and mediation. He has represented clients in a broad range of disputes across all aspects of the energy sector, including oil and gas, conventional power, and renewables.

Peter Roberts is a leading authority on JOAs, with thirty years of experience in the international oil and gas sector. He has published several books on the subject of joint operating agreements and was previously general editor of the Journal of World Energy Law & Business. A solicitor admitted in England, Wales, and Hong Kong, he provides transactional advice and expert testimony in the energy sector. He is also visiting professor in law at Austral University, Buenos Aires.

Table of Contents

PART ONE: An Overview of Joint Ventures 1
1. Joint Ventures in the Energy and Natural Resource Sectors
2. Joint Venture Disputes
3. Model JOAs and Accounting Procedures
PART TWO: Disputed Issues in Joint Ventures
4. The Scope of the Joint Venture
5. Size of Share in the Joint Venture
6. Approval of Joint Venture Operations
7. Joint Venture Operations by Less Than All the Parties
8. Allocation of Costs
9. Accounting Procedure
10. Default
11. Scope of Operator's Duties/Authority
12. Limitation of Liability and Indemnities
13. Removal of the Operator
15. Termination of the Joint Venture
16. Miscellaneous Disputes
PART THREE: Managing Joint Venture Disputes
17. Managing Joint Venture Disputes
18. Conclusion