Search results for ""Author Eduardo G Pereira""

This edition combines and updates two previous publications Oil and Gas in Africa: A Legal and Commercial Analysis of the Upstream Industry and African Upstream Oil and Gas: A Practical Guide to the Law and Regulation, both published by Globe Law and Business in 2015 and has two central elements.First, it discusses the opportunities and challenges found in a variety of topical issues. For example, chapters describe the production sharing contract (PSC) and economic terms governing regional exploration and production activity; and although PSCs are not an exclusive host government instrument, they are of growing importance for countries looking for greater control over and societal benefits from petroleum production. The book also covers OHADA, financing, M&A, security and decommissioning issues in an African context, and new chapters explore natural gas and ESG.Secondly, the book features a country-by-country analysis of African oil and gas, detailing the oil and gas frameworks and k

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Joint operating agreements (JOAs) are well-accepted standard agreements in the oil and gas industry which regulate the relationship between the parties to a joint venture: the operator and the non-operator. Traditionally, the operator is responsible for performing operations on behalf of the consortium, while the non-operator is responsible for contributing to the financial commitments of the joint venture. However, due to the strong position typically maintained by the operator, this structure does not always accurately reflect the non-operator's position. Unbalanced agreements can create uncertainty, increase the risk of litigation and even jeopardise the very existence of the consortium. Therefore, it is essential to understand the position of both parties in order to ensure a fair and reasonable negotiation, and this fully updated second edition provides an in-depth analysis of the JOA from the perspective of the non-operator. Coverage includes an examination of the relationship between operators and non-operators under general law, and an analysis of the critical issues facing non-operators in a JOA. In addition, this book reveals how a non-operator can seek to protect its interests - initially through tight control of operations and expenditures, and ultimately through adequate remedies to remove the operator and/or restrict its liability. Further, this edition provides recommendations to address these concerns and also includes the JOA model form from Mozambique as well as reviews of other JOA model forms explored in the first edition. JOAs are relevant to law, finance, human resources and operations. This book provides invaluable practical guidance for in-house counsel, private practitioners, executives, academics, international oil companies, national oil companies, independents and anyone interested in investing in the upstream sector. JOAs are relevant to law, finance, human resources and operations. This book provides invaluable practical guidance for in-house counsel, private practitioners, executives, academics, international oil companies, national oil companies, independents and anyone interested in investing in the upstream sector.

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The oil and gas industry’s wide international exposure and constantly changing landscape leave it particularly vulnerable to disputes. As this practical book demonstrates, the risks associated with disputes can be mitigated by parties utilising governing law and dispute resolution clauses in contractual agreements within the sector. Examining a global range of jurisdictions, the book offers clear guidance on the most appropriate choice of law and choice of dispute resolution forum for oil and gas contracts, analysing the key issues and defining the legal contours involved.Key Features: Insightful contributions from over 40 leading practitioners and expert legal scholars Examination of domestic and international case law, with analysis of the local laws of 24 jurisdictions globally Consideration of the future of disputes in the oil and gas industry by tracking the evolution and latest trends of the global energy market Examination of the dispute resolution mechanisms used to mitigate disputes, with a focus on international arbitration as a forum for dispute resolution Discussions of a range of operations in the oil and gas industry, including upstream, midstream and downstream projects, and the various contracts that exist within these Featuring a comparative and practice-oriented perspective, this highly informative book will prove an essential resource for practitioners advising parties concerning contractual agreements in the oil and gas sector, as well as a valuable reference point for scholars of energy law and arbitration.

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Historically, oil and gas upstream activities were largely open to foreign investment. However, nationalisation in recent decades has concentrated the vast majority of natural resources in the hands of national oil companies (NOCs). Therefore, independent oil companies (IOCs) are increasingly likely to deal with NOCs as a partner. The joint operating agreement (JOA) was intended as a private document that regulates relationships between private investors. Recent developments under several local laws require the participation of NOCs at some stage of the JOA. In addition, many NOCs are now operating internationally, such as Statoil, Gazprom and CNPC. JOAs will thus be affected, as public or semi-public entities are more likely to be party to a document which was originally constructed for private investors. This major work analyses the critical concerns and challenges that IOCs and NOCs face in this new type of consortium, and will ultimately suggest alternative solutions to find common ground between these parties. The book is divided into three chapters, which respectively deal with the supervision & conduct of operations, the financial and accounting issues relating to the consortium, and the other relevant provisions of the agreement. Each chapter will include analysis from the perspectives of four different types of company - large IOCs, large NOCs, young IOCs and young NOCs. This approach will provide a detailed picture of the JOA from the point of view of all players in the oil and gas industry, from small to large companies and private to public entities. This new edition, which is written by three relevant experts in the industry, updates the previous content and addresses new hot issues like compliance, conflict of interests, corporate and social responsibility and price volatility. It serves as an invaluable guide for IOCs, independents, NOCs, consultants, legal advisers and consultants who need to understand the implications of having an NOC as a party to a JOA.

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Regulating Offshore Petroleum Resources makes a unique comparison between the main regulatory characteristics of the Norwegian and British models for petroleum exploration, production and supply. Leading scholars explore the extent to which these models are relevant for the design of regulatory models in countries with significant existing petroleum resources. The applicability of these regulatory models to countries with potential petroleum resources is also assessed. Providing a profound understanding behind the evolution of the British and Norwegian petroleum regimes, this innovative book investigates why these countries followed different paths and analyses the resultant outcomes. Key features include examination of the historical evolution of relevant petroleum regimes, lessons learnt, and an interdisciplinary approach from a range of recognised experts. This comprehensive book will be of great value to regulation and environmental law scholars. Inspection of the ways in which these models can be applied to other countries will also be of interest to government officials and practitioners.

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The joint operating agreement (JOA) is probably one of the most relevant agreements in the upstream sector. The costs and risks involved in any upstream project are likely to be too great for any company to bear alone, and that’s why it is fairly common for oil and gas companies to combine their efforts with others through joint ventures. The costs of a joint venture are usually controlled through mechanisms such as work programmes and budgets, authorisations of expenditure, and the awarding of contracts. But none of these mechanisms are going to regulate when and how the operator can issue a cash call, how the operator can charge the costs related to the joint venture, or how a non-operator can audit those costs. All of these detailed financial controls are exercised through agreed accounting procedures. Usually, these accounting procedures are set out in an attachment to the JOA. The attachment can be fairly lengthy and complex since it deals with one of the key issues of the consortium: expenditure. If the accounting procedures do not establish clear rules in that area, costs and associated exposure could increase significantly for the parties involved. This publication analyses and explores in detail what accounting procedures should apply, what the main issues are for an operator and a non-operator; and how the standard model forms address those issues. Several sets of JOA model forms (from AIPN, OGUK, Greenland and Norway, for example) are explored. Through the book, international oil companies, independents, national oil companies, legal advisers and consultants can learn how to perfect their accounting procedures and understand the risks and issues that they might face in the future

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The petroleum industry is highly specialised. Over the centuries, it has developed many standard petroleum arrangements and contracts that are not familiar to all across the industry - and even less to the outside world. Each has its own detailed terms and provisions. This new edition uniquely combines an encyclopaedia with commentary on both midstream and downstream activities. The topics it covers include energy policies; the relevant players in the sector - from governmental authorities to national oil companies; gas storage; the regulatory and contractual frameworks governing gas and sales agreements; liquefied natural gas; pipelines; distribution networks; and refineries. It has also been expanded with new chapters covering topics such as: Shipping; Antitrust; Third-party access; Taxation; and ESG. This approach enables all those involved in the petroleum industry to master the necessary legal terms in one publication. Chapters are written by leading experts from across the globe to provide the best industry practices and standards. The encyclopaedia will serve as a valuable tool for lawyers, industry professionals, consultants and academics who are interested in understanding the key legal terms and provisions of the oil and gas industry.

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