Contemporary legal practice has developed powerful contractual mechanisms to mitigate the political risks attendant on energy projects. However, until now most of what we know about the contractual management of these risks has been based on theoretical literature and the facts of cases rather than careful empirical study. This one-of-a-kind book breaks new ground. The author presents the results of a questionnaire-based survey circulated to the main players in the petroleum sector, revealing actual existing contractual risk management techniques and showing a true picture of the political risk situation in the petroleum sector. Going far beyond an analysis of the literature, the research includes in-depth interviews with specialist lawyers and representatives of companies who have not only a theoretical knowledge but practical experience with the problems of host government interventions, as well as with international petroleum negotiators, members of international organizations in the petroleum business, and dispute settlement bodies.
Sprache
Verlagsort
Zuidpoolsingel
Niederlande
Zielgruppe
ISBN-13
978-90-411-3411-0 (9789041134110)
Schweitzer Klassifikation
About the Author Preface Foreword Acknowledgements Part I The Risks Chapter 1 General Introduction and Framework of the Research Chapter 2 Political Risks Arising from the Intervention of Host States A Way of Taking Over: Indirect Expropriation Part II Managing Political Risks Chapter 4 Stabilization Clauses: A Way of Managing of Political Risks Chapter 5 Flexibility of Contractual Relations in Energy Projects: Renegotiation Clauses Chapter 6 Examining Modern Renegotiation (Equilibrium) Clauses in Petroleum Contracts Chapter 7 Choice of Law and Alternative Dispute Resolution (ADR) Clauses: Empirical Insights Section I: Choice of Law Clauses Section II: ADR Clauses Part III Conclusion and Implications Chapter 8 Conclusion and Implications Appendices Appendix 1 The Questionnaire Appendix 2 Some of the Omitted Research Findings Appendix 3 Forced Divestment of Petroleum Production Appendix 4 The Millennium Wave Appendix 5 Convention on the Settlement of Investment Disputes Between States and Nationals of Other States (ICSID) Appendix 6 The Energy Charter Treaty (ECT) (Excerpt) Appendix 7 North American Free Trade Agreement (NAFTA) (Excerpt) Appendix 8 ASEAN Agreement for the Promotion and Protection of Investment Bibliography Index
