International Chamber of Commmerce Court of Arbitration: Final Award of the Arbitral Tribunal in Arbitration Between National Oil Corporation and Libyan Sun Oil Company (Withdrawal from Exploration and Production Sharing Agreement)

1990 ◽  
Vol 29 (3) ◽  
pp. 601-623

In Its briefs dated September 15 And November E, 19E5, N.O.C. did not Invoke as being a withdrawal, any action from SDN-OIL In ceasing performance before the Request for Arbitration was filed, other than the “force mejeure” excuse. Its argumentation was different. N.O.C. considered that, assuming that SUN-OIL had not withdrawn from the EPS* In 1962, there would be withdrawal If SUM-OIL does not resume, or does not show that it intends to resume, the Exploration Operations in spite of the Arbitral Tribunal's award regarding the Invalidity of the force majeure excuses. In such case, SUN-OIL would have to pay N.O.C. the costs of the uncompleted portion of the Exploration Program, as provided under Art. 3.4. of the EPSA.

1978 ◽  
Vol 17 (1) ◽  
pp. 1-37 ◽  

The following arbitral award was rendered by a sole arbitrator in connection with disputes reen the Libyan Arab Republic ("Libya") and two international oil companies arising out of rees of nationalization promulgated by Libya. This award is being reproduced herewith in entirety . The award not only considers many fundamental principles and doctrines of international law but is also unique in two major respects . For the first time in the history of international arbitration relating to economic development contracts , an arbitral tribunal held ; the injured parties were entitled to restitutio in integrum and that the sovereign s t a te obliged to perform specifically its contractual obligations with private foreign investors, iddition, the arbitral tribunal , after reviewing the legal effect in international law of the :ed Nations General Assembly resolutions concerning permanent sovereignty over natural wealth resources, concluded that such resolutions could not be used by the state to violate its :ractual obligations in commercial transactions . The remaining portion of this Introductory : will briefly describe the steps leading to arbitration , the arbitral proceedings and the ilution of the disputes.


2008 ◽  
Vol 22 (4) ◽  
pp. 387-396
Author(s):  
Minas Khatchadourian

This article deals with the concession contracts for the exploration and the production of oil and gas in Egypt. Such tripartite contracts are concluded between the Government of Egypt (GOE) as the host country, a National Oil Company (NOC) as the concession holder and an international oil company (IOC) as the foreign contractor who receives a part of the oil or gas production on a production sharing agreement (PSA). From an Egyptian legal perspective, this contract is qualified as a State contract which is supposed to give the Government some exorbitant powers towards its counterparts. However, in order to attract foreign investors into this kind of agreement and encourage international oil companies to explore natural resources, several legal safeguards are incorporated in the concession agreement. Examples of this include placing the contract in the framework of a legislative act, granting the contract a supremacy on any contrary legislation, stabilization clause, adaptation of the contract through renegotiation, arbitration clause, etc.


In preparing this paper I am faced with a clearly expressed requirement, a thing much valued by those engaged in industrial research on account of its comparative rarity. Professor Lighthill’s letter said first that it was hoped that ‘each speaker would explain how his particular concern uses its scientific manpower to the best advantage’, and followed this with a short list of aspects which might be covered, of which I have chosen ‘the interaction between research activities and other important activities within the concern, such as planning, marketing and patenting’. Having accepted this clear request, may I be forgiven if I make a very slight change. I do not propose to deal with patenting, and its related activity licensing, because in the Company I shall discuss, these are an integral part of the Research and Development (R. & D.) Department. But I must expand the list of other Company activities by including supply, transport and manufacturing, all of which have the same importance as marketing in the Company I am going to talk about—British Petroleum. There are two important areas of the Company which I shall not be dealing with, namely exploration and production of crude oil, and petroleum chemicals. In short, my remarks will deal with the activities of an oil company from the time the crude reaches the wellhead to the time a product is put into the hands of a customer. The recent report to the Prime Minister on ‘technical innovation in Britain’ draws attention to five conditions for successful innovation, of which the first was: ‘The direct linkage of research and development, production and marketing into a single interacting operation’.


2012 ◽  
Vol 1 (2) ◽  
pp. 35-42
Author(s):  
Kola Sonaike

This qualitative phenomenological case study is based on the exploration and production activities of a major oil company in Nigeria, the companys experiences within its operating community, and the relationship marketing actions that the company may take in order to maintain general non-disruptive operational atmosphere in the area. Data was collected by interviewing 25 of the stakeholders within the community (Creswell, 2007) to determine their opinions on the general tension in the area as related to the communitys relationship with the major oil company. The interviewees were then asked for their opinions on possible steps that can be taken toward resolution of the problem of unrests in the area resulting from the operations of the major oil company. Specifically, in-depth semi-structured interview methodology was used (Moustakas, 1994). Each participant was asked the following three questions: What do you feel, in general, about your experience of the different unrests that have occurred between the particular major oil company and the host community in the recent past? What do you think can be done to resolve the problems that periodically lead to these unrests? Who is best suited to implement permanent solution to the problem(s)? The data collected was analyzed for themes, that is, clusters of meanings from the significant statement, sentences, or quotes, obtained from the interview transcriptions (Creswell, 2007). The researchers repeated lived experiences (Moustakas, 1994) of the problem of unrest in the area, was also relevant. Results showed that community leaders and some of the other stakeholders in the community desire a greater development of the relationship between the company and the community. They feel greater involvement of the community in the major oil companys projects undertaken for the community would help. Employment of more citizens of the community in technical areas such as engineering and geology are also desirable. In this connection, the company may consider some form of community tutoring or educational upgrade programs to bring high school students in the community up to speed in mathematics and other science subjects. Further, even though the research showed that the major oil company annually budgets substantial amount and carries out infrastructural projects for the community, the general feeling is that an increase in the level and scope would be advantageous for the companys long-term operations in the community.


Author(s):  
Marek WOSZCZYK ◽  
Józef DZIĘGIELOWSKI ◽  
Paweł ZDANOWSKI ◽  
Andrzej KACZOROWSKI ◽  
Iwona MATUSZEWSKA ◽  
...  

One of the key elements of the PGNiG Group business strategies is the expansion of exploration and production activities outside Poland. Gaining access to foreign deposits allows for the expansion of the potential of own resources and entering foreign markets. Article provides a detailed description of the scope of works carried out by PGNiG SA specialists at licenses located abroad, and provides information of issues related to the geology of individual regions. Operations carried out by PGNiG Upstream International on the Norwegian continental shelf are an example of the mentioned activities. The company operates oil as well as oil and gas deposits (Skarv, Snadd, Morvin, Vale, and soon, also Gina Krog), and carries out exploration works in the vicinity of the operated deposits, as well as in the areas that are less recognized from the geological point of view. Another form of the company activities are its operations in Denmark (South Jutland) and Germany (South Brandenburg) where the research focuses on the Main Dolomite (Ca2) reservoir level that is well-known to the Polish geologists. Two of the largest oil and gas deposits in Poland (BMB and LMG) have been discovered, documented and developed for the production by PGNiG SA at this level. In Pakistan, in turn, PGNiG SA successfully conducts exploration at Kirthar license, located in the Sindh Province, where exploitation of Rehman deposit has recently been launched; the exploitation of the newly discovered Rizq deposit will also be launched in the near future. Operations are complemented by activities in Libya and Egypt. The exploration works conducted in Libya by POGC Libya BV are focused in the Murzuq petroleum basin at concession area no. 113, and are continued despite the announced force majeure state that, in practice, means holding up the field works. PGNiG SA has conducted exploration works at the Bahariya license located in the northern part of the Egyptian Western Desert, however, unsatisfactory results led the company to leave this country.


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