Store International Practical Considerations to Negotiate an Enforceable Joint Operating Agreement under Civil Law Jurisdictions, Second Edition
Practical Considerations to Negotiate an Enforceable Joint Operating Agreement under Civil Law Jurisdictions, Second Edition (CRC) by PEREIRA

Practical Considerations to Negotiate an Enforceable Joint Operating Agreement under Civil Law Jurisdictions, Second Edition

Edited by Damilola S. Olawuyi,
By Eduardo Pereira


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Because agreements concerning oil and gas upstream activities have historically been developed in common law jurisdictions, a growing concern for the petroleum industry is that a some upstream investment might not be enforceable in a civil law jurisdiction to the extent the same standards/concepts are used without any adaptation. This is why it is essential to understand and analyse how to implement a Joint Operating Agreement in civil law countries.

This new edition of this unique in-depth treatment of JOAs under civil law offers a new abundance of practical considerations addressing enforceability issues in a wide variety of civil law jurisdictions likely to be conducting joint operations among two or more parties. The country-by-country analysis helps greatly in ensuring that such issues and topics as the following will be covered in a contract subject to civil law:

  • obligations and liabilities;
  • relationship of the parties;
  • exclusive operations;
  • force majeure;
  • hardship; and
  • host granting instrument.

A useful appendix to this new edition is dedicated to a wealth of short practical comments and specific guidance.

The first edition of this book presented the first JOA edited book to address the essential requirements from a large variety of civil law perspectives. This new edition offers a broader and more complete discussion of the latest legal developments with respect to the legal framework and principles underpinning JOAs in more civil law countries. It analyses the main issues that the petroleum industry and its investors might face in civil law jurisdictions with actual or potential large oil and gas reserves, and as such it is a unique and immensely valuable source of information and guidance for oil and gas law practitioners, legal counsel, and business and commercial negotiators involved in transnational operating agreements around the world.

Last Updated 12/23/2019
Update Frequency As Needed
Product Line Kluwer Law International
ISBN 9789403506647
SKU 10070453-0002
Table of Contents

About the Editors

List of Contributors

Table of Contents


Understanding Key Issues Relating to JOAs in Civil Law Countries

Eduardo G. Pereira, Damilola S. Olawuyi

Chapter 1


Patrícia Rosário, Paolo Esposito

Chapter 2


Tomás Lanardonne, Valeria M. Celesti, Sofía L. Pellizaro Arena, Pablo Rueda

Chapter 3


Kamil Valiyev, Ali Babayev

Chapter 4


Ramiro Moreno Baldivieso, Fernando Landa Alejandro

Chapter 5


Jose Virgilio Lopes Enei, Daniel Szyfman, Fernando Xavier

Chapter 6


Bruno Gay

Chapter 7


Anton Latief, Randy Hendrika

Chapter 8


Donya Moin

Chapter 9


Zulfiya Akchurina, Aruzhan Aimak, Maxim Burak

Chapter 10


Malek Takieddine, Dima Chehade, Lama Abou Ali

Chapter 11


Miriam Grunstein

Chapter 12


Ricardo Néry

Chapter 13

The Netherlands

Jaap Jan Trommel, Lisa Schoenmakers

Chapter 14


Tonje P. Gormley, Ole Kirkvaag

Chapter 15


Piotr Pszcze

Chapter 16


Patrícia Rosário, Paolo Esposito

Chapter 17


Damilola S. Olawuyi

Chapter 18


Jon Hines, Alexander Marchenko, Ksenia Lopatkina

Chapter 19


Nadia Chebbi

Chapter 20


Mehmet Suat Kayikçi

Chapter 21


Umid Aripdjanov, Kamilla Khamraeva

Chapter 22


Carlos Bellorin, Federico Jagenberg


Eduardo G. Pereira, Damilola S. Olawuyi

Appendix A

The Application of Civil Law to the JOA

Appendix B

Guidance Notes to 2012 AIPN Model JOA