News & Analysis as of

Oil & Gas Commercial Contracts

Braumiller Law Group, PLLC

August 2024 Newsletter

This is the first of a three-part series about the USMCA joint review process, focusing on China, Mexico, and competing visions of a “worker-centered” trade policy. Part one introduces the USMCA joint review process and...more

Hicks Johnson

How Do JOA Exculpatory Clauses Work Under Texas Law? Part Two: The Recent Decision in Bachtell Defines “Activities”

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As discussed in part one of this series, a Joint Operating Agreement’s (JOA) exculpatory clause relieves the designated “operator” from liability for certain conduct or activities. But, as explained by the Texas Supreme Court...more

McDermott Will & Emery

Reasonably Prudent Operator or Good and Workmanlike Manner: Does Your Contract Have the Right Standard of Care?

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The standard of care is an important provision in any operating, management or services agreement because it sets forth the expectations of the parties as to how the contract should be carried out. It also functions as the...more

McDermott Will & Emery

Special Report - Keep Your Friends Close, But Your Enemies Closer: Midstream-Midstream Commercial Deals in a Disciplined Upstream...

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In the US domestic upstream oil and gas market, 2021 has been all about consolidation and exploration and production (E&P) companies focusing on disciplined growth and asset optimization. In an effort to win back the...more

Hogan Lovells

Contract and claim dispute management in the infrastructure and energy sector

Hogan Lovells on

Importance of contract, claim and dispute management - Rapid urbanisation and growing demand mean that the construction industry is one of the largest industry sectors in the world, consistently poised to outpace the world...more

Dechert LLP

Dispute Resolution Trends in Asia for 2021

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Naturally, there will be disputes relating to COVID-19 and efforts to contain its spread. These will often be resolved through negotiation, particularly if the relevant contract clearly allocates the risk between the parties...more

BakerHostetler

Energy Contracts: In-House Counsel, Force Majeure, and the COVID-19 Pandemic

BakerHostetler on

COVID-19 is disrupting contracts in our energy industries, impacting electric power and petroleum, and both product providers and service providers. Contracts will be breached. The phrase “force majeure” will be top of mind. ...more

Foley & Lardner LLP

Managing the Commercial Impact of the Coronavirus: Implications for the Energy Industry

Foley & Lardner LLP on

The coronavirus (provisionally named SARS-CoV-2, with its disease being named COVID-19) has now been documented in more than 100 countries and territories. Over 110,000 cases have now been documented across the globe,...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

A&O Shearman

Oil and gas joint venture parties not bound by good faith or rationality when discharging operator

A&O Shearman on

Parties to an unincorporated oil and gas joint venture were free to act in their individual best interests in deciding whether to discharge another party from its operator role. No duty of good faith or rationality applied:...more

Pillsbury Winthrop Shaw Pittman LLP

Coronavirus and Force Majeure in English Law

- Under English law, force majeure clauses in contracts may allow parties to avoid their performance obligations in certain extreme circumstances, as defined by the contract. - It is unlikely that a low demand for LNG in...more

Bracewell LLP

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

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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

White & Case LLP

Contractual duties of good faith in "relational contracts"

White & Case LLP on

In a long running group litigation between a number of Sub-Post Masters and Post Office Limited, Mr Justice Fraser, sitting in the English High Court, has given detailed consideration of the issue of relational contracts in...more

Bracewell LLP

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

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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

King & Spalding

The "Preliminary Agreement" – Framing or Frustrating the Deal?

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Preliminary Agreements come into play when structuring and negotiating a broad spectrum of transactions and agreements. They are embraced by many market participants and are, at best, tolerated by others. They have been the...more

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