2020
This AIPN Research Paper co-authored with Tim Martin and John Gilbert identifies and analyzes the kinds of disputes that frequently arise from JOAs in a number of developed hydrocarbon jurisdictions, in addition to those that occur in international operations where the case law has been less developed. Given the widespread use of model JOAs in the oil and gas industry, this paper also provides a detailed review of the development of model JOAs in multiple jurisdictions and internationally, and their impact on customary industry practice, case law and the resolution of disputes that arise from contracts based on these model JOAs. The paper covers the following topics: • A brief introduction to JOAs, their use in the O&G industry, and their key principles and provisions; • The development and use of model JOAs and Accounting Procedures; • Customary industry practice regarding JOAs; • Oil & Gas law regarding JOAs; • A review of reported court judgments and international arbitral awards that dealt with JOA disputes; and • An analysis of the trends in JOA disputes and lessons that can be drawn from those sources.