The Hardship and Force Majeure Clauses in International Petroleum Joint Venture Agreements

17 Pages Posted: 20 Jul 2011  

Talal Abdulla Al-Emadi

Qatar University

Date Written: July 4, 2011

Abstract

This piece tries to establish how parties to oil and gas agreements may rely on Hardship and Force Majeure clauses as means of encouraging renegotiation, particularly in cases lacking a contractual term providing for renegotiation. In doing so, I first give a definition of Hardship and Force Majeure clauses. I, then, provide examples form recent practice of both Hardship and Force Majeure clauses. I conclude that Hardship clauses clearly can deal with renegotiation but the traditional view is that Force Majeure clauses deal with suspension or termination of the contracts. I, hence, argued that although the traditional response was suspension or termination of contract, another possible response is renegotiation.

Keywords: hardship, force majeure, international petroleum, joint venture, agreements

Suggested Citation

Al-Emadi, Talal Abdulla, The Hardship and Force Majeure Clauses in International Petroleum Joint Venture Agreements (July 4, 2011). Oxford Student Legal Studies Paper No. 2/2011. Available at SSRN: https://ssrn.com/abstract=1878558 or http://dx.doi.org/10.2139/ssrn.1878558

Talal Abdulla Al-Emadi (Contact Author)

Qatar University ( email )

College of Law
Qatar University
Doha, 2713
Qatar

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