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

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

作者： Damilola S. Olawuyi; Eduardo Pereira
出版商： Kluwer Law International
ISBN: 9789403506647
出版时间 December 2019
规格： Hardback
适应领域： International ? 免责申明：
Countri(es) stated herein are used as reference only

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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

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

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