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Covid-19, force majeure, and the LNG industry

Readers may be interested to access the excellent article by M. J. Denison, in Volume 14, Issue 2, of the Journal of World Energy Law & Business, which provides the following practical drafting advice (See The Journal of World Energy Law & Business, Volume 14, Issue 2, April 2021, Pages 88–96, https://doi.org/10.1093/jwelb/jwab011): “i. The data set revealed gaps in coverage in the areas of new security … Continue reading Covid-19, force majeure, and the LNG industry

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So what’s all the fuss with cross-border transactions?

Cross-border transactional work is a tough cookie, and even after three decades of ‘watching that space’, I am still not sure if I can see any real clarity! Take for example, a loan arrangement negotiated in Indonesia. Let’s assume that the lender is a ‘global bank’, for example an entity incorporated in Japan, but with global reach. The lender may kick-off negotiations using a loan … Continue reading So what’s all the fuss with cross-border transactions?

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A new way to design and implement an infrastructure project

It appears that the construction industry, at least in the UK, is looking at effective ways to make construction projects, and the contractual relationships between the key players in any such project, more collaborative, and less confrontational. An initiative called Project 13, has recently been launched by the UK’s Institution of Civil Engineers (ICE), which the ICE has characterised as “an industry-led response to infrastructure … Continue reading A new way to design and implement an infrastructure project

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DEFAULT, AND HOW THIS CAN BE DEALT WITH IN A JOINT VENTURE

This post will focus mainly on joint ventures and joint operations in the upstream hydrocarbons industry, but many of the issues and solutions discussed here are equally applicable to joint ventures in other industry sectors So, to begin! The question of default – how to avoid it, or to deal with it, if it cannot be avoided – involves an area of serious risk for … Continue reading DEFAULT, AND HOW THIS CAN BE DEALT WITH IN A JOINT VENTURE

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Should I form a Joint Venture or a Consortium?

Although the words “joint venture” (incorporated or otherwise), and “consortium”, are sometimes used synonymously, in particular in infrastructure projects, and hydrocarbons exploration, they are not the same thing. Broadly speaking, both the joint venture and the consortium concern the pooling of resources by hitherto un-associated parties, in order to carry out some piece of work, or tender for something. But there are several difference between … Continue reading Should I form a Joint Venture or a Consortium?

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Regulatory or contractual hurdles affecting LNG projects

Developing a viable LNG regulatory infrastructure A viable regulatory infrastructure for LNG projects wherever they may be located, should include: effective applicable regulation, and effective contractual remedies in situations where the parties are in disagreement. This post will briefly summarise the scope of these two areas, as follows. Law and regulation: LNG regulation – what does it cover? Let’s first draw up a shortlist of … Continue reading Regulatory or contractual hurdles affecting LNG projects

Floating storage and regas units (contd.)

“FLNG projects can be self-propelling, but some are towed to their installation site, so the FLNG facility is in some cases a sea-going vessel, and in others more of an off-shore platform A key question is therefore whether the FLNG facility is a ship when it is used in stationary operations …” This is the sister-post to my earlier post on the nature of a … Continue reading Floating storage and regas units (contd.)

Floating storage and regas units

“The question the draftsperson should ask themselves is whether we are dealing with a sea-going vessel, or something more like a land-based LNG import terminal. FSRUs can and often are designed for operation not so much as LNG carriers, but instead as facilities which are semi-permanently located at the relevant import terminal.” Readers may like to read a recent post on this subject, at the … Continue reading Floating storage and regas units