CONTRACTUAL TERMS
What Industry Practises are Internationally Recognised in Relation to Contract Clauses?
Richard Dinnie
Legal Affairs & Agreements Division (Exploration Production), Vice President Gas
Total S.A.
Mark Levy
Partner
Allen & Overy
Veijo Heiskanen
Partner
Lalive
- Dealing with the impact Res Judicata in price revision disputes
- Factors to consider in order to apply a “Take or Pay” Clause.
- Force majeure clauses.
- Issues arising from take or pay clauses that are backing up the LTG:
- Problems arising when too much capacity is contracted and it needs to be optimised.
- Understanding how much capacity to re-contract by 2019-2022
- Implications on the increase of cost of capacity.
- Hardship model clauses: are they applicable for re-negotiation of a contract under the current economic climate?
- Destination clauses
- Do destination clauses no longer work for producers due to reloading?
- How is a revision of the contract price limited in case of a hardship clause?
- Different clauses to be considered when negotiating a contract:
- How do caps on production affect the terms of the contracts?
- After years negotiating and re-negotiating LTG, is there a lex mercatoria emerging as an aid of interpretation to all Long Term Gas contracts?
- The implications of the long-term nature of LTCGs for their interpretation and application