The petroleum industry is highly specialised. Over the centuries, the industry has developed a large number of standard petroleum regulations, arrangements and contracts that are not necessarily familiar to all across the industry and even less to the outside world. Each regulation/arrangement/contract has its own detailed terms and provisions and experts in this industry tend to be focused on specific phases from such complex industry.
This updated edition provides the unique combination of an encyclopaedia with commentary for the entire chain of petroleum activities. The encyclopaedia deals exclusively with upstream activities. First, it deals with all types of petroleum title with the host government (eg, concession agreements, production sharing agreements and service agreements). Second, it covers all the relevant consortium agreements between investors (eg, joint bidding agreement, joint ventures and joint operating agreements). It also deals with the relevant players in the sector varying from the international oil company to the national oil company; the relevant regulations in the sector (eg, petroleum law, fiscal terms, health, safety and environment and procurement) and the key mechanisms for raising funds in the upstream sector. Lastly, the book covers acquisition mechanisms with government authorities and private parties, and the key issues concerning governing law and dispute resolution.
This new edition provides additional sections on (i) international laws and treaties with direct impact on the upstream sector, (2) anti-corruption laws and practices, (3) corporate and social responsibility, (4) oil and gas service contracts, (5) confidentiality agreement, among others.
This encyclopaedia will serve as a valuable tool for lawyers, professionals in industry, consultants, academics, engineers, geologists who are interested in understanding the key legal terms and provisions of the oil and gas industry.
สารบัญ
Introduction 7
Eduardo G Pereira
Siberian Federal University
Part I: Petroleum title
Royalty and tax regime 9
Marc Hammerson
Stephenson Harwood LLP
Anthony Martinez
Herbert Smith Freehills LLP
Production sharing agreements 43
Anna Ovcharova
Repsol
Service contracts 63
Ryan Gawrych
Anthony Patten
Shearman & Sterling LLP
Hybrid agreements 79
Yanal Abul Failat
LXL LLP
Part II: Consortium agreements
Non-disclosure agreements 95
Anna Ovcharova
Repsol
Joint bidding agreements 101
James Day
Marc Hammerson
Stephenson Harwood LLP
Anthony Martinez
Herbert Smith Freehills LLP
Joint study and bidding agreements 117
Dario Arias
Resources Energy Consulting
Joint venture agreements 129
Debra J Villarreal
Thompson & Knight LLP
Joint operating agreements 141
Eduardo G Pereira
Siberian Federal University
Joint sales and marketing agreements 161
Luis Pacheco
Veirano Advogados
Unitisation and unit operating agreements 177
Andrew B Derman
Thompson & Knight LLP
Danielle Ludwig
Mattos Filho, Veiga Filho, Marrey Jr e Quiroga Advogados
Part III: Key stakeholders
National oil companies 195
Marcelo Amorim Bastos
José Alberto Bucheb
B-in Partners LLC
International oil companies 209
Anna Ovcharova
Repsol
Oil companies’ transition to a global energy market 217
Marcelo Amorim Bastos
B-in Partners LLC
Marcelo Gauto
Petrobras
Service companies 227
Andrea Falcão
Schlumberger
Part IV: Regulatory framework
National constitution 235
Kim Talus
Tulane University
Petroleum law 239
Kim Talus
Tulane University
Health, safety and the environment 245
John Paterson
University of Aberdeen
Public procurement 257 in the upstream oil and gas industry 257
Olayemi Anyanechi
Sefton Fross
Eduardo G Pereira
Siberian Federal University
Surface rights 275
Luis Pacheco
Veirano Advogados
Applicable laws, part I: ABC 281
TJ Auner
Andrew Melsheimer
Thompson & Knight LLP
Applicable laws, part II: International law 287
Kim Talus
Tulane University
Corporate and social responsibility in the oil and gas industry 291
Anna Ovcharova
Repsol
Part V: Finance
Equity participation 299
Anna Ovcharova
Repsol
IPO 311
Iain Newman
Jack Shepherd
CMS Cameron Mc Kenna Nabarro Olswang LLP
RBL 325
Nicholas Ross-Mc Call
CMS Cameron Mc Kenna Nabarro Olswang LLP
Huw Thomas
Ashurst LLP
Part VI: Mergers and acquisitions
Direct acquisition from the host government: bid rounds 351
Dario Arias
Resources Energy Consulting
Farmout agreements 363
Olayemi Anyanechi
Sefton Fross
Eduardo G Pereira
Siberian Federal University
Part VII: Governing law and dispute resolution
Petroleum title 381
Andrew Melsheimer
Thompson & Knight LLP
Applicable law 385
Paul Cohen
4–5 Gray’s Inn Square
William M Katz, Jr
Thompson & Knight LLP
International arbitration 391
TJ Auner
Andrew Melsheimer
Thompson & Knight LLP
About the authors 399
Index 409
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