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Oil & Gas Dispute Resolution

Vinson & Elkins LLP

The Stabroek JOA Arbitration: Is It Time to Revisit JOA Change in Control Provisions?

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In the first in our series on JOA issues, we discuss the recent Stabroek JOA Arbitration decision and what it means for JOA parties considering their own JOA Change in Control provisions. Chevron Corporation’s (“Chevron”)...more

McGinnis Lochridge

26-Step Mechanical Framework For Interpreting Deeds? Texas courts reject "mechanical" deed interpretation while creating a 28-step...

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The El Paso Court of Appeals recently published an opinion that provides what might be characterized as 26-step step system for analyzing a deed that (perhaps inadvertently) highlights a growing irony in Texas jurisprudence....more

Blake, Cassels & Graydon LLP

Alberta Court Declares Ministerial Decision Under Oil Sands Royalty Regime Unfair and Unreasonable

In a judicial review, the Alberta Court of King’s Bench, in Imperial Oil Resources Limited v. Alberta (Minister of Energy), overturned decisions (Decisions) made by a delegate of the Minister of Energy, the Director of...more

McGinnis Lochridge

Texas Supreme Court Clarifies Limits of Shut-In Payment Notations in Lease Disputes

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In this case (Scout Energy Mgmt., LLC v. Taylor Properties, No. 23-1014, 2024 WL 5249490 [Tex. Dec. 31, 2024]), the Texas Supreme Court held that vague notations on shut-in royalty check receipts cannot modify an unambiguous...more

McGinnis Lochridge

Can a Production Sharing Agreement Override Surface Owner Consent? Hamilton v. ConocoPhillips Explored

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A landowner’s failure to provide consent for surface use related to oil and gas operations does not necessarily preclude the lessee from conducting activities if the lease agreements allow surface use....more

Gray Reed

Texas Pore Space Ownership – Royalty Calculation

Gray Reed on

In Myers-Woodward, LLC v. Underground Services Markham, LLC et al, (discussed previously) the parties disagreed on how to calculate Myers’ royalty on salt produced by Underground....more

Gray Reed

Uri Force Majeure Cases Still Percolating

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Thought you’d heard the last of force majuere cases arising from Winter Storm Uri? Think again. In Marathon Oil Company v. Koch Services LLC. the question was how to measure damages suffered by Koch for Marathon’s...more

McGinnis Lochridge

Can "Free of Cost" Term Achieve Point-of-Sale Royalty Base?

McGinnis Lochridge on

A lessee who halts production for less than 40 days and resumes without drilling or reworking does not terminate the lease. The continuous development clause keeps the lease active, and the cessation clause allows resumed...more

McGinnis Lochridge

Texas Supreme Court Rules on Modification of NPRIs

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In this recent case, the Texas Supreme Court resolved whether ratification of a lease or signing of a stipulation agreement could transform a fixed non-participating royalty interest (NPRI) into a floating NPRI....more

Gray Reed

Geophysicist’s Claims Turn on Definitions

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Sewak v. Sutherland Energy Co. Ltd. is of interest for how the court defined terms commonly used in consulting contracts in the oil and gas industry, and how difficult it is to foresee all contingencies when negotiating a...more

Gray Reed

What’s the Difference Between a Mineral Reservation and an Exception?

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The category is “terms that confuse us” for one hundred dollars. Without resorting to your favorite legal dictionary or lawyer, explain the difference between a reservation and an exception in a Texas warranty deed. Stumped?...more

Gray Reed

How Does the Model Form JOA Address an Operator/Non-Operator Dispute?

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Texas Crude v. Burlington Resources Oil and Gas considers the relationship between the operator and non-operators under Articles V and VI of the 1982 Model Form Joint Operating Agreement....more

Bradley Arant Boult Cummings LLP

Don’t Be a Junkyard Dog: Put Your Agreements in Writing!

A federal judge in Louisiana has dished out some harsh criticism of contractors who don’t reduce their contracts to writing. The case involves the decommissioning of 26 orphaned oil and gas wells near Baton Rouge. The...more

Oliva Gibbs

The Kings in the North!—North Dakota Operators are Kings (for now) When it Comes to Statutory Interests on Suspended Overrides

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Do North Dakota operators have to pay suspense penalties on all types of late-paid interests? Not according to a recent line of decisions from the North Dakota Federal District Court. These cases interpret the North Dakota...more

Gray Reed

Texas Supreme Court Allows Enforcement of a JOA Debt After Foreclosure

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In Steelhead Midstream Partners, LLC v. CL III Funding Holding Company, LLC, the Texas Supreme Court authorized a pipeline owner’s breach-of-contract claim—alleging a co-owner used foreclosure to avoid cost-sharing...more

Gray Reed

How to Work for Free Under a Master Service Agreement

Gray Reed on

Kouatli v. Endeavor Energy Resources L.P. offers valuable (and obvious) lessons on how NOT to perform a Master Service Agreement in the oil patch (or, per Billly Bob and friends, “The Patch”), to wit...more

Stikeman Elliott LLP

Recent Judicial Decision of Interest to Energy Lawyers

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Energy lawyers are frequently met with challenging legal issues within a rapidly changing regulatory and legal environment. It is essential to stay up to date on the latest caselaw from courts across Canada, and this article...more

Gray Reed

Arbitration Result Can Be “Good”, “Bad” or “Ugly”

Gray Reed on

The message in RSM Production Corporation v. Gaz du Cameroun SA: According to the federal Fifth Circuit, an arbitration tribunal’s construction of a contract and the arbitration rules governing the dispute “hold, however...more

Oliva Gibbs

Happiness is Setting Clear Boundaries — Especially in Overriding Royalty Assignments

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Assignments of interests in oil and gas leases often incorporate by reference outside agreements. This can be a helpful shortcut to avoid including every lengthy and confidential provision that was drafted during negotiations...more

Mayer Brown

Landmark Victory Secured in Singapore Arbitration Jurisdiction Challenge Case

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A landmark victory was obtained on behalf of Frontier Holdings Ltd (FHL), against Petroleum Exploration (Pvt) Ltd (PEL) in proceedings before the Singapore International Commercial Court (SICC)....more

Hicks Johnson

The 23rd Annual Energy Litigation Conference: Key Takeaways Regarding Construction Litigation Issues on Renewable Projects

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Last week we were lucky enough to attend the Institute of Energy Law’s 23rd Annual Energy Litigation Conference in Houston, TX, and hear its unique collection of industry professionals exchange insights and address some of...more

Houston Harbaugh, P.C.

Pennsylvania Federal Court Dismisses Gas Driller’s Declaratory Judgment Lawsuit Involving Oil & Gas Lease

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In an October 10, 2023, the United States District Court for the Middle District of Pennsylvania dismissed a gas driller’s declaratory judgment lawsuit involving an oil and gas lease in the SWN Production Company, LLC v. Blue...more

JAMS

Essential Tips for a Successful Oil and Gas Mediation

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As the oil and gas industry continues to evolve, oil and gas companies will no doubt see new types of claims asserted against them. Regardless of the players and the issues, oil and gas litigation is here to stay, and...more

Akin Gump Strauss Hauer & Feld LLP

Practical Guide to Asian LNG Price Review

Part 1 - There are currently substantial commercial incentives for Asian buyers to seek price adjustments under their long-term LNG contracts. But whether an adjustment can be achieved at all, and if so the process and the...more

King & Spalding

Tokyo Dispute Resolution and Crisis Management Newsletter - February 2019

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Disputes in the International Oil & Gas Industry - Best Practices for Effective and Quick Resolution - Disputes in the oil and gas industry take an almost infinite variety of forms. Therefore, when considering best...more

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