ARBITRATION AND PUBLIC POLICY IN BRAZIL: A STUDY BASED ON ‘LULA CASE’

This work examines the subject of jurisdiction and arbitrability of issues related to energy and natural resources in the world, in order to enhance the arbitration institute in Brazil. The study is based on a recent case pending in Brazilian courts, named “Lula case”, which refer to a dispute between the State and concessionaires that grant the right to explore and produce oil and gas in a determined area. The presence of arbitration clauses in the concession contracts for exploration and production of oil and gas in Brazil raises questions related to the disposability of the rights concerned. It is paramount to set benchmarks on arbitral tribunals’ power to decide on these matters and to define to what extent arbitral awards may defy public policy, national sovereignty over natural resources and national courts’ jurisdiction to render decisions in this regard. Otherwise, the randomness of judicial decisions makes the arbitration clause ineffective. Moreover, the Lula case arises substantive issues related to the necessity to protect investors in the oil and gas industry, since acts arguably connect to the State policy power may cause damages to the private parties. The work critically examines the decision given by national courts so far and proposes an international approach to face situations involving the State and the necessity to protect investors in the oil and gas industry.

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ARBITRATION AND PUBLIC POLICY IN BRAZIL: A STUDY BASED ON ‘LULA CASE’

Panorama of Brazilian Law ◽

10.17768/pbl.y4.n5-6.p223-264 ◽

2017 ◽

Vol 4 (5-6) ◽

pp. 223-264

Author(s):

Carolina Barreira Lins

Keyword(s):

Public Policy ◽

Natural Resources ◽

Oil And Gas ◽

Oil And Gas Industry ◽

The State ◽

Gas Industry ◽

National Courts ◽

Arbitration Clause ◽

Exploration And Production ◽

The Right

This work examines the subject of jurisdiction and arbitrability of issues related to energy and natural resources in the world, in order to enhance the arbitration institute in Brazil. The study is based on a recent case pending in Brazilian courts, named “Lula case”, which refer to a dispute between the State and concessionaires that grant the right to explore and produce oil and gas in a determined area. The presence of arbitration clauses in the concession contracts for exploration and production of oil and gas in Brazil raises questions related to the disposability of the rights concerned. It is paramount to set benchmarks on arbitral tribunals’ power to decide on these matters and to define to what extent arbitral awards may defy public policy, national sovereignty over natural resources and national courts’ jurisdiction to render decisions in this regard. Otherwise, the randomness of judicial decisions makes the arbitration clause ineffective. Moreover, the Lula case arises substantive issues related to the necessity to protect investors in the oil and gas industry, since acts arguably connect to the State policy power may cause damages to the private parties. The work critically examines the decision given by national courts so far and proposes an international approach to face situations involving the State and the necessity to protect investors in the oil and gas industry.

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ARBITRATION AND PUBLIC POLICY IN BRAZIL: A STUDY BASED ON ‘LULA CASE’

Panorama of Brazilian Law ◽

10.17768/pbl.v4i5-6.p223-264 ◽

2018 ◽

Vol 4 (5-6) ◽

pp. 223-264

Author(s):

Carolina Barreira Lins

Keyword(s):

Public Policy ◽

Natural Resources ◽

Oil And Gas ◽

Oil And Gas Industry ◽

The State ◽

Gas Industry ◽

National Courts ◽

Arbitration Clause ◽

Exploration And Production ◽

The Right

This work examines the subject of jurisdiction and arbitrability of issues related to energy and natural resources in the world, in order to enhance the arbitration institute in Brazil. The study is based on a recent case pending in Brazilian courts, named “Lula case”, which refer to a dispute between the State and concessionaires that grant the right to explore and produce oil and gas in a determined area. The presence of arbitration clauses in the concession contracts for exploration and production of oil and gas in Brazil raises questions related to the disposability of the rights concerned. It is paramount to set benchmarks on arbitral tribunals’ power to decide on these matters and to define to what extent arbitral awards may defy public policy, national sovereignty over natural resources and national courts’ jurisdiction to render decisions in this regard. Otherwise, the randomness of judicial decisions makes the arbitration clause ineffective. Moreover, the Lula case arises substantive issues related to the necessity to protect investors in the oil and gas industry, since acts arguably connect to the State policy power may cause damages to the private parties. The work critically examines the decision given by national courts so far and proposes an international approach to face situations involving the State and the necessity to protect investors in the oil and gas industry.

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Development of Global Contract for In-Line Inspection

2008 7th International Pipeline Conference, Volume 2 ◽

10.1115/ipc2008-64052 ◽

2008 ◽

Author(s):

Stephen R. Gower ◽

Jude Moore

Keyword(s):

Supply Chain ◽

Best Practice ◽

Oil And Gas ◽

Oil And Gas Industry ◽

Successful Implementation ◽

Gas Industry ◽

The World ◽

Exploration And Production ◽

Process Work ◽

The Right

In-Line inspection has increasingly been used across the oil and gas industry over the past 30 years as a key part of pipeline integrity programmes. Whilst the industry has started to develop standards through the ILI Association and the Pipeline Operators Forum the way in which the industry selects tools and contractors has not developed to the same extent. A significant amount of time is spent managing the procurement process rather than focusing on the selection of the right tools and ensuring they perform to expectations. The challenge is further exacerbated when operations are dispersed globally and involve many different operating relationships. BP has been a user of ILI technology since its introduction in the late 1970s and it has consistently grown in importance to BP in managing the integrity of an aging pipeline asset base. In 2006/2007 BP’s Exploration and Production Technology Group (EPTG) in conjunction with the Procurement and Supply Chain Management group (PSCM) carried out a review of its procurement arrangements across the globe for pipeline ILI to ascertain best practice and capture key lessons. It also gathered experience from other strategic long term supply chain initiatives around the BP Group to help inform and develop the ILI strategy. Early discussions held with ILI Suppliers confirmed that, whilst regional frameworks have been in place in some countries, extending this to a global operation would be breaking new ground in engaging ILI services and would be of benefit to both ends of the supply chain. The process not only needed to follow rigorous supply chain procedures that would meet EU Procurement Directives and BP Group requirements, it also had to meet the specific requirements of many Countries around the world. It was recognised that flexibility would be required to accommodate the introduction of new tools, developing technology and accommodate new areas of operation. BP also wanted to stimulate continuous improvement in ILI tool performance and application of innovative improved technology. More significantly a key objective of the Global Contract was to drive inspection quality and consistency, whilst maintaining a competitive but equitable pricing strategy. Successful implementation was not just about delivering a contract scope of work; it required the development of relationships and a common understanding so that when problems arise they can be resolved quickly and efficiently. This required a significant amount of work engaging both the ILI Contractors and Operating Units across the world in the process. Work on developing the Global ILI Contract was successfully concluded with contract awards in late 2007. The paper explores some of the challenges, lessons learnt and benefits of developing a Global Contract for ILI.

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The Standardization of Oil and Gas Law: Transnational Layers of Governance

The Oxford Handbook of Transnational Law ◽

10.1093/oxfordhb/9780197547410.013.16 ◽

2021 ◽

pp. 348-376

Author(s):

Djakhongir Saidov

Keyword(s):

Oil And Gas ◽

Petroleum Industry ◽

Oil And Gas Industry ◽

The State ◽

Legal Order ◽

Gas Industry ◽

Exploration And Production ◽

Oil And Gas Operations ◽

Standards And Guidelines ◽

The Relationship

This chapter investigates the main sources governing international oil and gas operations around the world, with a view to examining whether we are witnessing the emergence of transnational petroleum law (lex petrolea). The chapter explores the nature of governance in the petroleum industry and the extent to which the oil and gas industry is self-governed or governed by the state-made law. It assesses the degree of standardization of governance to determine whether it is so high as to give rise to the emergence of lex petrolea. The main focus is on sources, specific to the oil and gas industry, such as: model contracts, industry usages, standards, and guidelines promulgated by industry organizations and associations. This chapter argues that lex petrolea is not yet a mature legal order. Its sources are best characterized as transnational layers of governance of the international exploration and production operations. As to the relationship between the alleged lex petrolea and the state-made law, it is demonstrated that the two are vitally important to and mutually dependent on each other.

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Trends and Prospects of Development of the Oil and Gas Sector in the Context of Digitalization

Economics and Management ◽

10.35854/1998-1627-2020-1-35-45 ◽

2020 ◽

Vol 26 (1) ◽

pp. 35-45 ◽

Cited By ~ 1

Author(s):

A. G. Kazanin

Keyword(s):

Oil And Gas ◽

Digital Technologies ◽

Oil And Gas Industry ◽

Global Market ◽

The Arctic ◽

Business And Society ◽

Gas Industry ◽

Exploration And Production ◽

Oil And Gas Sector

The modern oil and gas industry is heavily dependent on the processes and trends driven by the accelerating digitalization of the economy. Thus, the digitalization of the oil and gas sector has become Russia’s top priority, which involves a technological and structural transformation of all production processes and stages.Aim. The presented study aims to identify the major trends and prospects of development of the Russian oil and gas sector in the context of its digitalization and formation of the digital economy.Tasks. The authors analyze the major trends in the development of the oil and gas industry at a global scale and in Russia with allowance for the prospects of accelerated exploration of the Arctic; determine the best practices of implementation of digital technologies by oil and gas companies as well as the prospects and obstacles for the subsequent transfer of digital technologies to the Russian oil and gas industry.Methods. This study uses general scientific methods, such as analysis, synthesis, and scientific generalization.Results. Arctic hydrocarbons will become increasingly important to Russia in the long term, and their exploration and production will require the implementation of innovative technologies. Priority directions for the development of many oil and gas producers will include active application of digital technologies as a whole (different types of robots that could replace people in performing complex procedures), processing and analysis of big data using artificial intelligence to optimize processes, particularly in the field of exploration and production, processing and transportation. Digitalization of the oil and gas sector is a powerful factor in the improvement of the efficiency of the Russian economy. However, Russian companies are notably lagging behind in this field of innovative development and there are problems and high risks that need to be overcome to realize its potential for business and society.Conclusions. Given the strategic importance of the oil and gas industry for Russia, its sustainable development and national security, it is recommendable to focus on the development and implementation of digital technologies. This is crucial for the digitalization of long-term projection and strategic planning, assessment of the role and place of Russia and its largest energy companies in the global market with allowance for a maximum number of different internal and external factors.

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EVALUATION OF THE ABSOLUTE RESULTS OF THE LEADING COMPANIES OF THE OIL AND GAS COMPLEX: PROBLEMS AND PROSPECTS

EKONOMIKA I UPRAVLENIE: PROBLEMY, RESHENIYA ◽

10.36871/ek.up.p.r.2021.11.03.001 ◽

2021 ◽

Vol 3 (11) ◽

pp. 6-12

Author(s):

Lyudmila V. Goloshchapova ◽

◽

Elena V. Maltseva ◽

Keyword(s):

Oil And Gas ◽

Balance Sheet ◽

Oil And Gas Industry ◽

Financial Statements ◽

The State ◽

Gas Industry ◽

Factors Affecting ◽

Complex Problems ◽

The Absolute ◽

Statistical Indicators

The study is devoted to the analysis of the balance sheet profit of the leading companies in the oil and gas industry. The types of profits were considered, as well as the dynamics of the changes in indicators affecting their formation were analyzed. In addition, the article considers the composition and struc-ture of the balance sheet profit, factors affecting its size. Based on the financial statements of the companies, an idea of the state of profit in the companies «Rosneft», «Lukoil», «Gazprom» and «Tatneft» has been com-piled. The paper analyzes quantitative statistical indicators that reflect the results achieved from 2016–2020.

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