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LNG projects in Africa

In 2021, total exports of LNG from Africa were reportedly about 40 million t, and analysts anticipate that Africa’s export capacity will likely continue to grow through 2022. The potential opportunities in Africa for both operators and developers are clearly substantial. But progress has been slow during recent years, and what follows is a snapshot of the reasons why. In South Africa, for example, though … Continue reading LNG projects in Africa

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What is off-specification gas?

A gas sales or transportation agreement will typically contain terms and conditions for liability for delivery of off-specification (or off-spec) gas. The quality of the gas delivered will be tested at the delivery point in order to ensure that it meets contractual specification requirements as to quality. The difficulty with off-spec gas, is that it may be commercially unusable by the buyer, or by the … Continue reading What is off-specification gas?

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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