Dispute Resolution in Oil and Gas Contracts
I.E.L.R. 2011, 3, 78-85
9 Pages Posted: 11 Oct 2012
Date Written: October 10, 2011
The oil and gas industry is no stranger to disputes, owing to its international and multifaceted character. In the excitement of seeking to close a contract it is easy to overlook what may occur in the event a dispute arises. In such events, if there has been no agreed dispute resolution clause included in the agreement then it will be deferred to the procedures of national courts. Due to some key factors such as speed, effectiveness, and least amount of disruption to ongoing work and existing relationships; it has been the norm for those engaged in the industry to opt for an agreed dispute resolution process rather than deferring to the procedures of national courts. There are numerous methods of dispute resolution that can be used within contracts. This work focuses on the main methods that are commonly used in the oil and gas industry in the United Kingdom Continental Shelf (UKCS) outlining the key advantages and disadvantages with respect to each method before drawing a conclusion concerning the most preferred dispute resolution methods in the industry.
Keywords: Commercial arbitration, Continental shelf, Contractual liability, Expert determination, Litigation, Multi-tier dispute resolution, Negotiations, Oil and gas production
JEL Classification: K19
Suggested Citation: Suggested Citation