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Book Chapter

Arbitrating International Oil and Gas Disputes: Practical Considerations

By
Terri Truitt Griffiths
Terri Truitt Griffiths
Mayer, Brown, & Piatt Houston, Texas, U.S.A.
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Timothy J. Tyler
Timothy J. Tyler
Mayer, Brown, & Piatt Houston, Texas, U.S.A.
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Published:
January 01, 2000

Abstract

When an international oil and gas deal falls apart, parties will resolve their disputes by negotiation, litigation, or arbitration. If arbitration is not chosen and negotiations are fruitless, litigation will result. Because neither party wants to litigate a dispute in the other party’s hometown—which is especially true where one party is a foreign country or a state-owned oil and gas company—parties often choose arbitration. Leaving the matter to boilerplate forms, as often results when parties concentrate on the fiscal provisions, can result in uncollectible or unenforceable judgments or processes ill-suited to resolving a particular dispute fairly. These and other difficulties can be avoided by a basic knowledge of arbitration law and consideration of what potential disputes might arise in a particular deal. The following factors should guide the lawyer and client in drafting the arbitration clause: (1) types of disputes likely to arise (e.g., fact-intensive, technical, or purely legal); (2) the danger of being “hometowned”; (3) laws that should apply to various aspects of the agreement and the arbitration proceedings and their interaction; (4) other dispute resolution mechanisms as a precursor to arbitration or litigation; (5) how to obtain the information to prove potential claims or defenses; and (6) who should be bound by the arbitration clause.

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Contents

International Oil and Gas Ventures: A Business Perspective

George E. Kronman
George E. Kronman
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Don B. Felio
Don B. Felio
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Thomas E. O’Connor
Thomas E. O’Connor
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Mindy S. Kronman
Mindy S. Kronman
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American Association of Petroleum Geologists
ISBN electronic:
9781629810683
Publication date:
January 01, 2000

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