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Oil & Gas Force Majeure Clause

Oliva Gibbs LLP

The Force (Majeure) May Not Be So Strong in This One

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In a recent lawsuit, an oil producer claims significant monthly losses due to a forced pipeline shutdown, alleging the pipeline company violated their contract by failing to adhere to U.S. laws and ensure operational...more

Troutman Pepper

Energy Contracting and the Hidden Power of the Force Majeure Clause - Energy Law Insights

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The energy sector is currently undergoing seismic change and with that change comes tremendous opportunity. Our energy video series, which features nationally recognized Troutman Pepper partners as they discuss a vast array...more

Gray Reed

Winter Storm Uri – No Summary Judgment This Time

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Unit Petroleum Company v. Koch Energy Services, LLC is another force majeure case arising out of winter storm Uri. Unlike a similar case, summary judgment was denied because, said the United States District Court, The word...more

Houston Harbaugh, P.C.

Texas Supreme Court Rules That Scheduling Mistake Does Not Qualify as Force Majeure Event

Houston Harbaugh, P.C. on

Let’s assume you signed a new oil and gas lease with XYZ Drilling in August 2018 (the “2018 Lease”). Your lease contains a “continuous drilling” clause which requires XYZ Drilling to commence a new well within ninety (90)...more

Gray Reed

Lessee Can’t Satisfy Texas Supreme Court’s Force Majeure Requirements

Gray Reed on

Imagine these facts in a force majeure dispute (as presented in Point Energy Partners Permian LLC et al. v. MRC Permian Company). Lessee (MRC) invokes the force majeure provision of an oil and gas lease, asserting that...more

Bradley Arant Boult Cummings LLP

Contextual “Construction” of Force Majeure Clauses

The Texas Supreme Court recently provided new guidance in interpreting force majeure language in an oil and gas drilling dispute. In Point Energy Partners Permian, LLC v. MRC Permian Company, the court held that the oil and...more

Gray Reed

More Force Majeure Fallout From Uri

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MIECO, LLC v. Pioneer Natural Resources presented a challenge to a force majeure defense in a dispute arising from Winter Storm Uri. The defense carried the day....more

Eversheds Sutherland (US) LLP

Why a decision out of Texas might have changed what qualifies as a force majeure event

MIECO LLC v. Pioneer Nat. Res. USA, Inc. - May a seller of energy invoke force majeure to excuse its non-performance under a delivery contract – a contract that obligates the seller to deliver a particular quantity of...more

Vinson & Elkins LLP

The 2023 AIEN Model International Joint Operating Agreement

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In February 2023, the Association of International Energy Negotiators (“AIEN”) published the latest version of its Model International Joint Operating Agreement (the “2023 JOA”) and related guidance notes (the “Guidance...more

Jones Day

The War in Ukraine: Downstream Ripple Effects on the European Gas Market

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European energy companies face unprecedented uncertainty as a result of Russia's invasion of Ukraine. A potential reduction or cessation of Russian gas imports is not unforeseeable and would invariably affect all market...more

King & Spalding

Financial Shockwaves

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8 Key Business Takeaways From Russia’s War - Economic ripples of Russia’s invasion of Ukraine will permeate the financial, energy, retail, and agricultural sectors, among others. (A link to a related King & Spalding...more

Hicks Johnson

Three Steps Oil and Gas Producers Should Take Now

Hicks Johnson on

In the wake of President Joe Biden’s executive order revoking the Keystone XL pipeline permit, oil and gas producers are bracing for additional actions. In fact, environmental and activist groups are already targeting oil and...more

Morgan Lewis

Texas Blackouts Show Vulnerabilities of Electric Grid; Federal and State Investigations Announced

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After severe winter weather forced Texas into experiencing power outages and rolling blackouts, there will likely be resulting federal and state investigations into the outages, federal investigations into commodity and...more

Dechert LLP

Dispute Resolution Trends in Asia for 2021

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Naturally, there will be disputes relating to COVID-19 and efforts to contain its spread. These will often be resolved through negotiation, particularly if the relevant contract clearly allocates the risk between the parties...more

White & Case LLP

Resolution whereby the Mexican National Hydrocarbons Commission establishes several measures in order to promote the development...

White & Case LLP on

On August 3, 2020, the National Hydrocarbons Commission (the "CNH") published through the Federal Official Gazette, the resolution whereby the CNH establishes several measures in order to promote the development of petroleum...more

White & Case LLP

Managing Contractual Performance in Times of Sanitary Crisis: The Spanish Law Perspective

White & Case LLP on

The unprecedented health crisis arising from the novel Coronavirus disease (“COVID-19”) and measures enacted by the Spanish Government to contain the spread, has in some cases affected contractual performance. The...more

Locke Lord LLP

Pulling the Trigger on Force Majeure: An Update from the Midstream Energy Perspective

Locke Lord LLP on

Last month we provided a Locke Lord LLP QuickStudy outlining Texas law on force majeure in light of COVID-19 and the oil price war. While the price war may have reached a cease-fire, the pandemic and its effect on the global...more

McGuireWoods LLP

Storage Wars — The Force Majeure Awakens

McGuireWoods LLP on

As the dual crises of the COVID-19 pandemic and a Russo-Saudi price war rock global oil markets, the force majeure is strong with many oil and gas companies. (Read on for more Star Wars puns.) But the legal battle over...more

Hicks Johnson

Update: Force Majeure Provisions in the Age of COVID-19

Hicks Johnson on

As the COVID-19 crisis and its economic fallout intensify, contractual parties have increasingly invoked force majeure provisions to excuse performance of contracts. This article is a follow up to Schiffer Hicks Johnson’s...more

Akin Gump Strauss Hauer & Feld LLP

Maintaining Your Lease When There’s Nowhere to Send Your Oil

- Industry analysts are forecasting that the surplus of oil produced over oil needed may soon exceed available storage. Producers that were already reducing production due to low prices are now feeling pressure to completely...more

Bracewell LLP

Force Majeure and Material Adverse Change in Reserve Based Lending (RBL): When Two Black Swans Collide

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A “black swan event” is an unpredictable event that is beyond what is normally expected and which has potentially severe consequences. Black swan events are characterised by their rareness and severity....more

McAfee & Taft

COVID-19: Energy contracts and force majeure

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Although oil and gas companies were not required to suspend operations under Oklahoma Gov. Kevin Stitt’s Executive Memorandum of March 25, 2020, the spread of COVID-19 has presented previously unforeseen challenges to the...more

BakerHostetler

Energy Contracts: In-House Counsel, Force Majeure, and the COVID-19 Pandemic

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COVID-19 is disrupting contracts in our energy industries, impacting electric power and petroleum, and both product providers and service providers. Contracts will be breached. The phrase “force majeure” will be top of mind. ...more

White & Case LLP

COVID-19 and force majeure under LNG sale and purchase agreements

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The coronavirus outbreak has to date had far reaching effects on the global economy, and the LNG industry is no exception. One question at the forefront of the minds of both sellers and buyers of LNG has been the availability...more

King & Spalding

Energy Newsletter - March 2020

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Disrupting the Disruptor: How a Prepared and Proactive Owner Can Mitigate the Effects of Coronavirus on Construction Projects - Once a remote health issue in China, the rapidly spreading coronavirus (COVID-19) has become...more

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