The AIPN is pleased to announce the publication of its newest Research Paper “A Global Review of Joint Operating Agreement Disputes” authored by Tim Martin, Northumberland Chambers; John Gilbert, Bracewell; and Martin Gusy, K&L Gates.
This AIPN Research Paper concludes a substantial research effort over the last three years, which analyzed a broad, international range of sources, culminating in the most comprehensive analysis available of disputes arising from international and domestic joint operating agreements (“JOAs”).
The paper identifies and analyzes the kinds of disputes that frequently arise from JOAs in a number of developed hydrocarbon jurisdictions, in addition to those that occur in international operations where the case law is less developed. It also provides a detailed review of the development of model JOAs in multiple jurisdictions and internationally, and the impact of model JOAs on customary industry practice, case law and the resolution of disputes that arise from related contracts. The authors reference and provide summaries of the leading cases and arbitral awards that deal with JOAs throughout the paper. As part of the authors’ contribution to this research paper, they anticipate creating a database of model JOAs and court cases, which AIPN would then make available. After the database is created, AIPN will assess the capability of how best to make this content available to membership online. AIPN appreciates the work of the authors and looks forward to development and deployment of the database and will keep its membership updated during this process.
Given the breadth and depth of its analysis, this paper will be a valuable resource for those involved in negotiating, drafting, managing, advising on and litigating JOAs throughout their life cycle.
An abbreviated version of the research paper will shortly be published in the Journal of World Energy Law & Business.
Each year, AIPN solicits proposals from leading academics and practitioners to produce a new research paper. The annual AIPN Research Paper Program offers a substantial grant to qualified authors to research a topic of interest to the AIPN membership directly related to legal or commercial issues of current interest to the international petroleum industry. “A Global Review of Joint Operating Agreement Disputes” was selected through AIPN’s 2017 Research Paper Program. After the paper was awarded, the authors graciously declined the research grant. AIPN thanks the authors, Messrs. Tim Martin, John Gilbert, and Martin Gusy for their generosity.