News & Analysis as of

Energy Sector Contract Disputes

Gray Reed

How Courts Look at Fixed or Floating Royalty Disputes

Gray Reed on

Montgomery Trustee v. ES3 Minerals and Echo Minerals is another Texas fixed or floating royalty case. Before diving into the details, perhaps it’s best to describe the pattern the courts seem to fall into to resolve these...more

Oliva Gibbs LLP

Do You Need an Arbitration Clause in Your Energy Contract? Pros and Cons

Oliva Gibbs LLP on

Arbitration clauses are gaining prominence in energy contracts due to evolving industry issues and complexities. Explore some pros and cons to help make informed contract decisions for your business in this Oliva Gibbs case...more

Cornerstone Research

Estimating Counterfactual Prices in Energy Markets

Cornerstone Research on

The use of factual/counterfactual comparisons—that is, estimating the difference between what actually happened and what would have happened absent an event—is a fundamental tool in the economists’ work box in the context of...more

Morgan Lewis

Building Energy Contracts: Go Beyond Boilerplate

Morgan Lewis on

The complex, heavily regulated, and often-volatile environment within which energy companies must operate can magnify the importance of contractual arrangements, and the severity of repercussions when those arrangements do...more

Morgan Lewis - Power & Pipes

Real-World Litigation Impacts of Contract Clauses in Energy Contracts: The Importance of Carefully Crafting Disclosure Schedules

Care and diligence must be used when crafting disclosure schedules in merger and acquisition documents. Unclear or incomplete disclosure schedules can have drastic implications for future litigation. Poorly crafted disclosure...more

Morgan Lewis - Power & Pipes

Real-World Litigation Impacts of Contract Clauses in Energy Contracts: The Game-Changing Difference of Choice of Law and Forum...

Choice of law and forum provisions are standard clauses often buried in the back of a contract, easily overlooked and frequently ignored. Although these provisions do not typically come up unless there is a dispute between...more

Morgan Lewis - Power & Pipes

Enforceability of Indemnification Provisions in Energy Contracts

Indemnity clauses are an integral tool used regularly in energy contracts and master service agreements. Indemnity is an obligation by one party to make another whole for a loss or damage, and indemnity clauses are useful...more

Morgan Lewis - Power & Pipes

Real-World Litigation Impacts of Contract Clauses in Energy Contracts: Enforceability of Indemnification Provisions

Indemnity clauses are an integral tool used regularly in energy contracts and master service agreements. Indemnity is an obligation by one party to make another party whole for a loss or damage that the other party has...more

Kilpatrick

4 Key Takeaways | The Future of Construction, Infrastructure and Energy Disputes in the Endemic Age

Kilpatrick on

Kilpatrick Townsend partner Thomas Allen recently presented "The Future of Construction, Infrastructure and Energy Disputes in the Endemic Age" for the Inter-Pacific Association's Arbitration Day at Maxwell Chambers in...more

Awatif Mohammad Shoqi Advocates & Legal...

What You Need to Know About Energy Regulations in the UAE?

Energy regulations in the UAE are spread across different Emirates, with Emirates like Abu Dhabi and Dubai having their own laws and regulations. Background- The United Arab Emirates is a federation made up of seven...more

Vinson & Elkins LLP

The Transition To Renewable Energy Will Fuel New Disputes In The Energy Industry

Vinson & Elkins LLP on

Interest in renewable energy has risen sharply in recent years. More than ever, companies are investing in technology and businesses for solar, wind, hydrogen/carbon capture, and renewable fuels/biomass. Private equity...more

WilmerHale

Ukraine’s Reduction in Renewable Energy Feed-In Tariffs: A Preview of Coming Disputes

WilmerHale on

To promote the production of clean energy, many countries have introduced incentives to encourage investment in the renewable energy sector. These incentives have often included feed-in tariffs (“FiTs”), which generally...more

Vinson & Elkins LLP

[Webinar] Navigating Heightened Contractual Risk in an Economic Downturn - May 28th, 12:00 pm - 1:00 pm CT

Vinson & Elkins LLP on

We’re excited to introduce Navigating, a new webcast series created to assist clients and friends of the firm in navigating the new normal – whether that be navigating through pandemic-related issues, new industry dynamics,...more

Akin Gump Strauss Hauer & Feld LLP

Practical Guide to Asian LNG Price Review: Part 2

There are currently substantial commercial incentives for Asian buyers to seek price adjustments under their long-term liquefied natural gas (LNG) contracts. In Part 1 of this series we outlined the elements of an effective...more

BCLP

Joint Operating Agreements: What have we learned from the High Court’s decision in TAQA v Rockrose

BCLP on

On Friday 17 January 2020, the High Court gave its judgment in the TAQA Bratani v Rockrose case (TAQA Bratani Ltd and others v. RockRose UKCS8 LLC [2020] EWHC 58 (Comm)). In this judgment, the Court held in favour of the...more

Bracewell LLP

JOAs: “Good Faith” and the implied qualification of express contractual powers

Bracewell LLP on

There have been a number of recent English Court decisions concerning implied obligations of good faith. In May 2019, we considered the potential impact of those decisions on joint operating agreements in the oil & gas...more

King & Spalding

The ICC Releases Report on Resolving Climate Change Disputes through Arbitration

King & Spalding on

The International Chamber of Commerce (“ICC”) has just released its Report on “Resolving Climate Change Disputes through Arbitration” (the “Report”). The long-awaited Report is the result of almost two years of work by the...more

King & Spalding

Fifth Circuit Extends Doiron Test For Assigning Maritime-Contract Status To Contracts That Are Not Oilfield Services Contracts

King & Spalding on

The U.S. Court of Appeals for the Fifth Circuit recently held that its two-question Doiron test for determining whether oilfield services contracts are maritime contracts also applies when evaluating the maritime-contract...more

Robins Kaplan LLP

Delaware Supreme Court Increases Damages from $1 to $126 Million, Holds Chancery Misapplied Efficient Breach Doctrine

Robins Kaplan LLP on

On May 2, 2019, Justice Traynor authored a unanimous opinion in which the Supreme Court of Delaware, sitting en banc, reversed a decision by Vice Chancellor Laster of the Delaware Court of Chancery awarding Leaf Invenergy...more

Bracewell LLP

Obligations of Good Faith in JOAs - The Impact of Recent Decisions on 'Relational Contracts'

Bracewell LLP on

In the international upstream oil and gas exploration and production industry, joint operating agreements (“JOAs”) are the key agreements which govern the terms upon which oil and gas companies regulate their upstream joint...more

Troutman Pepper

Florida Federal Court Dismisses Fluor Enterprises’ $67M Claim Against Duke Energy for Wrongful Draw Down of Credit Letter

Troutman Pepper on

Tampa D Fluor Enterprises, Inc. v. Duke Energy Florida, LLC, No. 8:19-cv-00224, 2019 BL 135007, at *1 (M.D. Fla. Apr. 16, 2019) - On April 16, 2019, a Florida federal court dismissed without prejudice Fluor Enterprises’...more

King & Spalding

Tokyo Dispute Resolution and Crisis Management Newsletter - February 2019

King & Spalding on

Disputes in the International Oil & Gas Industry - Best Practices for Effective and Quick Resolution - Disputes in the oil and gas industry take an almost infinite variety of forms. Therefore, when considering best...more

Gray Reed

Choice of Law Matters in an Oilfield Indemnity Suit

Gray Reed on

Did Texas law or New Mexico law apply to knock-for-knock indemnity provisions of a Master Work and Services Agreement? When a contract itself explicitly calls for Texas law, that is likely to be the outcome, as it was in...more

Gray Reed

Original Louisiana Lessee Can’t Escape Liability

Gray Reed on

Louisiana practitioners and their clients tend to know this particular point of Louisiana law, but it could surprise out-of-staters (known in their native habitat as “Texans”), so it’s worth a reminder...more

Gray Reed

Ohio Takes a Position on Market-Value-at-the-Well Royalty Clauses*

Gray Reed on

In Ohio, in calculating royalties in a market-value-at-the-well lease (as distinguished from a “proceeds” lease), post-production costs are to be shared proportionately by the working interest and royalty owners. ...more

37 Results
 / 
View per page
Page: of 2

"My best business intelligence, in one easy email…"

Your first step to building a free, personalized, morning email brief covering pertinent authors and topics on JD Supra:
*By using the service, you signify your acceptance of JD Supra's Privacy Policy.
- hide
- hide