scholarly journals Recent Judicial Developments of Interest to Oil and Gas Lawyers

1995 ◽  
Vol 33 (2) ◽  
pp. 365
Author(s):  
William H. Bonney ◽  
J. Jay Park
Keyword(s):  
Oil And Gas ◽  
Case Law ◽  
Administrative Law ◽  
Offshore Drilling ◽  
Fiduciary Duties ◽  
Governmental Regulation ◽  
House Of Lords

This article is a compilation of recent interesting and potentially influential decisions by Canadian courts. Of note also is a judgment by the House of Lords that appears to significantly restrain the applicability of Rylands v. Fletcher. The authors have surveyed case law development in such areas as contracts, lands, leases and titles, fiduciary duties, tax, the environment, torts, surface rights, governmental regulation, offshore drilling, creditors' rights and administrative law.

scholarly journals Recent Judicial Developments of Interest to Oil and Gas Lawyers

1998 ◽  
Vol 36 (2) ◽  
pp. 486
Author(s):  
Douglas G. Mills ◽  
Brian Beck
Keyword(s):  
Oil And Gas ◽  
Environmental Law ◽  
Case Law ◽  
Administrative Law ◽  
Civil Procedure ◽  
Court Decisions ◽  
Offshore Drilling ◽  
Fiduciary Duties

This article is a compilation of recent Canadian court decisions pertaining to oil and gas law. Case law in the following areas has been surveyed: (1) contracts and torts; (2) lands, leases and titles; (3) royalty agreements; (4) surface rights; (5) offshore drilling; (6) administrative law; (7) environmental law; (8) tax; (9) directors' liability; (10) fiduciary duties; and (11) civil procedure.

scholarly journals The Supreme Court of Canada, the House of Lords, the Judicial Committee of the Privy Council, and Administrative Law

1969 ◽  
pp. 5
Author(s):  
D. H. Clark
Keyword(s):  
Supreme Court ◽  
Case Law ◽  
Administrative Law ◽  
Supreme Court Of Canada ◽  
Privy Council ◽  
House Of Lords ◽  
Mumbo Jumbo ◽  
The Supreme Court ◽  
The Law ◽  
The Individual

The Supreme Court of Canada's contribution to the jurisprudence of administra tive law has been weak and fitful, erratic and lacking in attention to the principles of its own previous decisions. Failure to articulate points of distinction between its decisions has led to uncertainty in the law. The speaker suggested that the insufficiency of the Court's reasoning and the inadequacy of its citation might be reduced if judgments were more often delivered by more members of the Court thus increasing the individual research and writing of the Court so that its earlier fcmons would be kept in view and the case law developed more coherently. Furthermore, the Court should foUow the House of Lords in not considering itself bound by ds own decisions. The speaker regretted the Court's tendency to take mechanically conceptualise approach to substantive administrative law issues- if Canadian courts are to keep pace with those of other jurisdictions, the Supreme Court of Canada cannot continue to use outworn mumbo-jumbo as substitute for identifyltZtJ «»*"*»* societal interests that are the stuff of /hefPe?kfr aho discussed and compared the contributions of the House of Lords and of the Judicial Committee of the Privy Council. Although it has fewer members the House of Lords has more dissenters in administrative law decisions than the Supreme Court of Canada, (whereas the Privy Council until 1966 could not have dissent). While the S.C.C. has been inconsistent and weak, the Privy Council has been consistent and weak. Although there have been occasional achievements, between 1951 and 1971 the Privy Council rendered series of regressive decisions that impaired coherent development of the administrative law in England and in the Commonwealth. ReidZhh^ i*' f" H0USe °f Lof* under the influenc* of the late Lord h^'^nuJf has enjoyed as most creative °n TegreSSiVe period inPrivy relation Council to public decisions> law si™ However *• earlyhaknZd 1960's mnnt rxiicc ft ££Icrt has*eenperfo

Part I Commercial Arbitration in the Energy Sector, 2 Upstream Oil and Gas Disputes

2018 ◽  
Author(s):  
Tevendale Craig ◽  
Bakstad Samantha
Keyword(s):  
Oil And Gas ◽  
Case Law ◽  
Energy Sector ◽  
Commercial Arbitration ◽  
Fiduciary Duties ◽  
Fair Dealing ◽  
Model Form ◽  
Liability Limitation

This chapter focuses on Joint Operating Agreements (JOAs). A JOA is an agreement between two or more companies which defines their respective rights and obligations in the exploration of a hydrocarbon project. The purpose of the JOA is for the participating companies to share risks (costs) and rewards (revenues) in relation to the project, and to define their respective roles. Among other things, the chapter discusses leading model form JOAs, as well as the interpretation and application of clauses typically found in JOAs, such as exculpatory or liability limitation clauses, pre-emption clauses, and clauses dealing with the consequences of a party's default or forfeiture. It also analyzes case law from various jurisdictions regarding implied or statutory obligations, such as duties of ‘good and fair dealing’ and fiduciary duties amongst the partners.

scholarly journals Recent Judicial Developments of Interest to Oil and Gas Lawyers

1996 ◽  
Vol 34 (3) ◽  
pp. 664
Author(s):  
W. James Hope-Ross ◽  
Keith S. McClelland
Keyword(s):  
Supreme Court ◽  
Oil And Gas ◽  
Administrative Law ◽  
Supreme Court Of Canada ◽  
Fiduciary Duties ◽  
The Supreme Court

This article is a compilation of recent Canadian decisions pertaining to oil and gas law. The authors have dealt with cases in areas such as contracts, land leases and titles, fiduciary duties, tax, the environment, torts, surface rights, off-shore drilling, creditors rights and administrative law. The authors also look at three cases for which leave to appeal to the Supreme Court of Canada was requested.

Drilling and Service Contracts in Offshore Oil and Gas Operations

1973 ◽  
Vol 11 (3) ◽  
pp. 480
Author(s):  
J. M. Killey
Keyword(s):  
Oil And Gas ◽  
Oil Industry ◽  
Offshore Drilling ◽  
Oil Companies ◽  
Drilling Rig ◽  
Service Contracts ◽  
Oil And Gas Operations ◽  
Offshore Oil And Gas ◽  
Offshore Oil ◽  
Offshore Operations

As onshore oil and gas deposits are becoming more difficult to locate, and as the world demands for energy continue to increase at an alarming rate, oil companies are channeling much of their exploration activities towards offshore operations, and in particular, towards operations centered off Canada's coast lines. Because of the environment, offshore drilling presents problems which are novel to the onshore-geared oil industry. J. M. Killey discusses in detail many of the considerations involved in drafting the offshore drilling contract, concentrating on problems such as the liability of the various parties; costs; scheduling; pollution; conflict of laws; etc. Similarly, he discusses service contracts (such as supply boat charters; towing services; helicopter services; etc.^ which are necessity to the operation of an offshore drilling rig. To complement his paper, the author has included number of appendices which list the various considerations lawyer must keep in mind when drafting contracts for offshore operations.

Property Rights, Fiduciary Duties, and the Control of Assets

2018 ◽  
Author(s):  
Aruna Nair
Keyword(s):  
Property Rights ◽  
Case Law ◽  
Property Right ◽  
Formal Structure ◽  
Fiduciary Duties ◽  
Legal Power ◽  
The Law ◽  
Fiduciary Relationships ◽  
Relationship Of

This chapter examines the law governing the availability of claims to traceable proceeds. It argues that the language used in the case law—which uses the terminology of property rights and of fiduciary relationships—cannot fully explain the law, since such claims are often available in the absence of fiduciary duties and are not available to holders of many types of property right. It argues that such claims instead presuppose a relationship of ‘control of assets’: where the defendant has a legal power to deal with some asset, correlating to a vulnerability to a loss of rights in that asset on the part of the claimant, and coupled with a duty not to exercise the power. It argues that relationships that have this formal structure also share normative characteristics that justify the subordination of defendant autonomy that has been shown to be at the heart of the tracing concept.

scholarly journals Current Developments in Oil and Gas Income Taxation

1976 ◽  
Vol 14 (3) ◽  
pp. 383
Author(s):  
John G. McDonald
Keyword(s):  
Oil And Gas ◽  
Oil And Gas Industry ◽  
Case Law ◽  
Income Taxation ◽  
Gas Industry

Federal income taxation is an area ofincreasing concern to the resource industries. The author deals with current developments in the taxation field as they affect the oil and gas industry. The paper gives general over-view of case law and statutes. The applicable budgets, both Federal and Provincial, are also discussed.

scholarly journals Administrative Functions of Implementation, Control of Administrative Decisions, and Protection of Rights

2021 ◽  
Vol 10 (1) ◽  
pp. 1-25
Author(s):  
Ricardo Perlingeiro
Keyword(s):  
Latin American ◽  
Case Law ◽  
Administrative Law ◽  
Administrative Functions ◽  
The One ◽  
Right To Good Administration ◽  
Regulatory Powers ◽  
Administrative Adjudication ◽  
Administrative Justice

Abstract This essay includes a comparative analysis of the traditions of administrative law in Latin American and their impact on the contemporary scene and trends in the general orientations of its administrative justice systems. This analysis is limited to Latin American countries of Iberian origin under the jurisdiction of the Inter-American Court of Human Rights (“I/A Court H.R”). The method followed by the author is to point out the roles attributable to the administrative authorities and to attempt to identify a distinction in Latin America between the “administrative function of implementation”, “control of the legality of administrative decisions” (unrelated to any adjudicative function) and the “protection of rights” (by means of an adjudicative function) while examining their historical genesis and possible future trends. From that perspective, the text discusses certain administrative powers, such as disciplinary or other regulatory powers, and their forms of concrete application; the prerogatives and instruments of the authorities and of their decision-making employees in the exercise of the functions of implementation; the control of administrative decisions by those authorities themselves and by external bodies; and judicial and extrajudicial protection of rights against administrative decisions. The author concludes that Latin American administrative law, despite the fact that its civil-law substantive roots have always coexisted with judicial review typical of common law, is currently tending, on the one hand, to approximate the U.S. model of administrative adjudication and, on the other, to adapt to I/A Court H.R case law with respect to the administrative function of implementation in harmony with the fundamental right to good administration which, combined with a critical re-examination of diffuse control of the legality of administrative rules in court, would safeguard the true role of adjudicating bodies (administrative authorities or courts) in their function of protecting individual rights for the sake of more fair and equitable administrative justice.

scholarly journals The Europeanisation of Spanish Administrative Law through the Principle of Legitimate Expectations

2020 ◽  
Vol 13 (2) ◽  
pp. 55-86
Author(s):  
Luis Arroyo Jiménez ◽  
Gabriel Doménech Pascual
Keyword(s):  
Decision Making ◽  
General Principle ◽  
Legal Status ◽  
Case Law ◽  
Administrative Law ◽  
Status Quo ◽  
Eu Law ◽  
National Legislation ◽  
Legitimate Expectations ◽  
The Eu

This article describes the Europeanisation of Spanish administrative law as a result of the influence of the EU law general principle of legitimate expectations. It examines, firstly, whether the formal incorporation of the principle of legitimate expectations into national legislation and case law has modified the substance of the latter, and if so, secondly, whether this has led to a weaker or a more robust protection of the legal status quo. To carry out that examination, the article considers the influence of the principle of legitimate expectations in two different areas: in individual administrative decision-making, and in legislative and administrative rulemaking. Our conclusion is that the Europeanisation of Spanish administrative law through the principle of legitimate expectations has been variable and ambiguous.

scholarly journals Elements constituent for the design of a riser system in areas deep water and extreme deep water applied for offshore drilling

2020 ◽  
Vol 6 (3) ◽  
pp. 127-144
Author(s):  
Marius STAN ◽  
◽  
Valentin Paul TUDORACHE ◽  
Lazăr AVRAM ◽  
Mohamed Iyad AL NABOULSI ◽  
...  
Keyword(s):  
Working Conditions ◽  
Water Depth ◽  
Deep Water ◽  
Environmental Conditions ◽  
Oil And Gas ◽  
Operational Mode ◽  
Exploration And Exploitation ◽  
Offshore Drilling ◽  
The Stability ◽  
Marine Platform

Riser systems are integral components of the offshore developments used to recover oil and gas stored in the reservoirs below the earth’s oceans and seas. These riser systems are used in all facets of the development offshore process including exploration and exploitation wells completion/intervention, and production of the hydrocarbons. Their primary function is to facilitate the safe transportation of material, oil and gases between the seafloor oceans and seas and the marine platform. As the water depth increases, the working conditions of this system becomes challenging due to the complex forces and extreme environmental conditions which are impacting the operational mode as well as the stability. In this paper several aspects concerning riser mechanics and the behaviour of the riser column will be evaluated against different operational situations.

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