Nobody downloaded yet

Dispute Resolution in Oil and Gas Contracting - Essay Example

Comments (0) Cite this document
Dispute resolution in oil and gas contracting Name Instructor Task Date Dispute resolution in oil and gas contracting Introduction Disputes vary in their classifications, for example, the classic public law dispute includes the maritime boundaries. Secondly, there are the typical state-investor disputes, which include disputes about oil plus gas trading contracts, offshore construction, pipelines, redetermination, the exploration and exploitation contracts…
Download full paperFile format: .doc, available for editing
GRAB THE BEST PAPER93.4% of users find it useful
Dispute Resolution in Oil and Gas Contracting
Read TextPreview

Extract of sample "Dispute Resolution in Oil and Gas Contracting"

Download file to see previous pages The tribunal authority comes from the parties’ agreement on overcoming their argument through mediation. Various statute and international conventions reinforce this approach making it to be a preferred method in determining cross-border viable disputes. This approach has many benefits associated to civil litigation because it is enforceable, malleable, unbiased, reserved, and personal and the involved parties select their preferred arbitrator. UK is the most conspicuous Centre, which applies arbitration in dispute resolution. Most of the UK parties involved in disputes agree on their disputes decided in accordance with the enacted law by the Arbitration Act 1996 6(p.159). This Act has been operational in UK since 31 January 1997. In disagreement resolution amid the oil and gas contracting, an arbitrator has permission to rule a substantive jurisdiction. According to the Arbitration Act 1996, all the parties involved in oil and gas dispute have a prospect to file all their cases in order to avoid unnecessary delays and find resolution to their problems. The arbitrator has fundamental tools, jurisdiction and powers to accomplish his/her responsibilities efficiently. Purpose of arbitrator’s dominion is beneath either the Arbitration Act or the arbitration guidelines. According to the arbitration act 1996, the arbitration reports should succumb in a concluding writing article on the contract among the parties. The agreement offered before the arbitration is in writing in order for it to be confirmation before both parties and the arbitration. On confirmation that the contract is an applicable statute, all the jurisdiction authorities are of consideration to the arbitrator13 (p.682). The Arbitration Act underwent some changes thus providing the arbitrator with powers to rule according to his/her individual authority. This boosted the arbitrator’s supremacy because previously, parties challenged the arbitrator’s jurisdiction through forwarding the case to the court, which restrained the arbitrator from proceeding with the ruling. This led to different unwanted expenses and delays in the proceedings until another rightful authority is in place to continue with the hearing. To resolve this, the experienced arbitrators welcomed the statutory approach, which significantly promoted the manner of conducting arbitration progression11 (p.33). According to the Act, the arbitrator may decide on substantive jurisdiction whether there is a lawful agreement or not, whether the hearing is appropriately established or not and whether the type of troubles acquiesced to arbitration is in agreement with the arbitration contract or not 11(p.33). Considering the above three, the situation where there lack lawful mediation contract, the Act states that such matters lack both the arbitrator and the arbitration so, whoever decided on the validity of the agreement was not the required arbitrator; therefore, that person who decided had no permission to make verdicts. Upcoming of such situations leads to the problem at hand be solved by the court and the ruling of the case derived from the statute and not arbitration agreement. Under section 30 (1) (a) of the Arbitration Act 1996, Arbitrator’s power to claim whether he/she has powers comes from the ...Download file to see next pagesRead More
Cite this document
  • APA
  • MLA
(“Dispute Resolution in Oil and Gas Contracting Essay”, n.d.)
Dispute Resolution in Oil and Gas Contracting Essay. Retrieved from
(Dispute Resolution in Oil and Gas Contracting Essay)
Dispute Resolution in Oil and Gas Contracting Essay.
“Dispute Resolution in Oil and Gas Contracting Essay”, n.d.
  • Cited: 0 times
Comments (0)
Click to create a comment or rate a document

CHECK THESE SAMPLES OF Dispute Resolution in Oil and Gas Contracting

Alternative Dispute Resolution

...or the conflicting parties may just concur on arbitration when the dispute comes up. The Scott v Avery Clause is significant because it binds the accord of conflicting parties and can make the court events conditional on an award (Stephen and Marsh 2002). Note that an award refers to the decision made by the arbitrator and is obligatory to both parties. This applies even where the conflict concentrates around contract whether avoided by basic breach or not. It is also significant because once the agreement is signed; all forms of words cover the situation encompassing the “arising under” formations. Advantages of Alternative Dispute Resolution I. Single procedure: it is...
6 Pages(1500 words)Essay

Dispute resolution

...other. One of the parties might think you are favoring the other side in the decision you are going to make while at times reaching the goal is near to impossible. Mistakes are always common to everyone. Even professionals also do make mistakes in the things they do. I have also learnt the importance of making apologies to the people we have made mistakes to. This helps in rebuilding our relationship with them once more. This helped me when I had problems with my parents. I apologized and I could be forgiven. My bond with them grew stronger that before. Reference Domenici, K. & Littlejohn, S. (2004). Mediation: empowerment in conflict management (2nd edition). Chicago: Waveland Press. Abdel, W. M. S., Katsh, M. E., & Rainey, D. (2012)....
15 Pages(3750 words)Coursework


...their country of origin or where territorial boundary of countries was merged. In light of international conflict resolution, this paper will try to discuss the arbitrator’s duty of impartiality and independence under the English arbitration Act and compare with at least another system using resolved cases as basis. Arbitration Arbitration is one of the more popular forms of alternative dispute resolution of which two opposing parties agree to use a third person or more to settle the case in question. Although conducted outside the court, this system is acceptable and legal with the decision called the award1. The third party reviews the dispute and provides a decision...
12 Pages(3000 words)Essay


...clause to be invalid if the contract is, then they can state this as well. If the parties intend for the arbitration clause to be interpreted substantively by national courts and procedurely by arbitration panels, then it can state this too. In short, the parties can make their explicit wishes known, and this is what governs. On the other hand, if they do not make any explicit wishes known, then the default position would be to give the arbitration clauses full effect in virtually every case, void contract or no. This is really the best evolution of the issue, because the parties’ agreement should always be the basis for the resolution of any kind of contract...
15 Pages(3750 words)Coursework

Alternative Dispute Resolution (ADR) in contracting

...?  Alternative Dispute Resolution in Contracting       Alternative Dispute Resolution in Contracting Introduction Alternative Dispute Resolution refers to a variety of procedures aimed at resolving disputes more quickly, at affordable costs, and with significant contentment for the people involved than is probable through formal legal action. Alternative Dispute Resolution is a general term for the manner in which parties can resolve disputes, devoid of or through the aid of a third party. In spite of the previous opposition to...
10 Pages(2500 words)Term Paper

Online Alternative Dispute Resolution

.... There is now a large body of experience with many lawyers using ADR as a valued approach to help their business clients.10 ADR has been incredibly fruitful in that it has thoroughly proven itself in the saving of both time and money, and in many instances has even aided the involved parties in restoring their business relationships and in the avoidance of the acrimony of extended litigation. ADR is also becoming fast considered as one of the best practices in supply chains in which the parties agree from the immediate outset in their contracts to forego court-based litigation and rely instead solely on ADR. What are Some Problems Affecting Efficiency in Regards to Online Dispute...
25 Pages(6250 words)Essay

Alternative Dispute Resolution

...Alternative Dispute Resolution The process of alternative dispute resolution (or ADR for short) is not new to the present generation. However, its use is still relatively in infant stage. Knowledge and information about it have not yet spread in impressive proportions. No less than the Court of Appeal decision which is the subject of the instant analysis discussed this quite satisfactorily. In its paragraph 6, the verdict makes observation of the fact that many believe that the advantages of mediation or of ADR have not yet been sufficiently demonstrated.1 Although not exactly the same, ADR and mediation are interchangeably understood as synonymous. Anyway, there is no harm in so doing. Mediation is actually a class or a form... of an...
15 Pages(3750 words)Essay

Alternative Dispute Resolution

...capacity. For example, the NHS estimated that from 2000 onwards, the average time for a claim against the NHS with settlements exceeding £10,000 to reach court was five and a half years4. However, it has been propounded that “The satisfactory resolution of disputes is a key issue for any society5” and as such, “Litigation has traditionally been regarded as the dispute resolution procedure par excellence6”. However, the litigation system has been riddled with problems and Lord Woolf’s review of the civil litigation system underlined concerns regarding the augmenting costs and delay of litigation7. Furthermore, the report found that litigation was too costly, often...
16 Pages(4000 words)Essay

International Dispute Resolution

...of international agencies, unification of laws of different countries is yet to be achieved. It is for these and other allied reasons, alternative dispute resolution methods are resorted to for commercial disputes between parties belonging to different countries.1 Different methods or forms of alternative dispute resolution under international commercial contracts are (1) Arbitration, (2) Fast Track Arbitration, (3) Conciliation, (4) Mini-trial, (5) Med/Arb and (6) Baseball arbitration. These are not exhaustive. Thus Altair Plc, a British entity can adopt any one of these or some of these as forms resolution of potential...
21 Pages(5250 words)Essay

Alternative Dispute Resolution

...HOW TO WIN FRIENDS AND INFLUENCE PEOPLE HOW TO WIN FRIENDS AND INFLUENCE PEOPLE The proposed book was certainly an eye-opener for me as I considered myself a pleasant person and a good conservationist. Reading through the various principles and lessons by Dale Carnegie I came to realize that I miss out on many aspects. Where straightforwardness and honesty is appreciated by few, I now understand why people sometimes got offended by it as well. Personally I did little to recify my statements and believed that the person will appreciate my honesty with time. Being the head of a couple of study groups in school, member of two re-creational societies and currently planning to step into the professional world, I can greatly benefit... TO WIN...
3 Pages(750 words)Essay
sponsored ads
We use cookies to create the best experience for you. Keep on browsing if you are OK with that, or find out how to manage cookies.

Let us find you another Essay on topic Dispute Resolution in Oil and Gas Contracting for FREE!

Contact Us