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Company Directors: Duties, Liabilities and Remedies

Edited by: Mark Arnold KC, Simon Mortimore KC
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Joint Operating Agreements: Risk Control for the Non-Operator 2nd ed (eBook)


ISBN13: 9781787421257
Published: January 2018
Publisher: Globe Law and Business
Country of Publication: UK
Format: eBook (ePub)
Price: £175.00
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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.

Subjects:
eBooks, Energy and Natural Resources Law
Contents:
Acknowledgements
Preface
Introduction
Glossary

Chapter 1: Introduction
1.1 Scope
1.2 Comparative analysis
1.3 The oil and gas industry
1.4 JOA definition
1.5 Conclusion

Chapter 2: Joint operating
39. agreements: the relationship between the parties
2.1 Parties
2.2 Relationship
2.3 Conclusion

Chapter 3: Non-operators’ 59 concerns
3.1 Control of operations
3.2 Remedies and protection

Chapter 4: Conclusion

About the authors
Index