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Dispute Resolution Planning For the Oil and Gas Industry

John P. Bowman, International Energy and Minerals Arbitration (2002)

This Article emphasizes the value and describes the essential elements of dispute resolution planning for both the domestic U. S. and the international oil and gas industries. Whenever possible, it draws upon cases dealing with disputes involving energy companies. Most, but not all, of the court decisions used to establish or illustrate a principle important to this planning process are taken from the arbitration jurisprudence of United States courts, largely for the simple reason that the author is most familiar with this case law. However, because international commercial disputes between energy companies frequently involve at least one U. S. company, reliance on these court decisions will, it is hoped, not significantly detract from this Article’s usefulness to the non-U. S. reader. Moreover, this Article ambitiously offers an extensive discussion of the most urgent questions relating to drafting agreements for the resolution of energy disputes, and in this regard may prove of broad interest to anyone concerned with these matters. Its central theme: the complex series of choices that make up the dispute resolution matrix can be understood and undertaken by every energy company, and no company should resort by default to the local courts because it failed to plan ahead.