Petroleum Business Review

Abstract The present study examines the investment model of the National Development Fund (NDF) in the upstream oil and gas industries, focusing on the risks associated with field development. Given the NDF's recent entry into the investment arena, the challenges in this field have been analyzed in this article. Furthermore, the NDF 's investment policies and guidelines, project prioritization, and the Non-Meddle Investment model (I-HOPE) as the NDF’s main strategy to reduce risk and increase resource effectiveness are introduced and analyzed in detail. Finally, alongside a comparative review of the NDF’s investment model and field development challenges, solutions are proposed to improve the NDF’s investment process in this sector. This study, by evaluating the strengths and weaknesses of the I-HOPE model in confronting the inherent risks of field development, provides a framework for optimizing future investments. These measures help the NDF to optimally manage risks, increase resource returns, and play a more effective role in the country's economic development.
Keywords: Non-Meddle Investment Model, Risk, Uncertainty

Abstract The oil and gas industry, as one of the most complex industries with unique characteristics, plays a vital role in the world's energy supply. In order to be present in this field, gain and maintain a competitive advantage, the actors of this industry are condemned to create, develop or acquire innovative technologies. With the change in the approach of companies active in the oil and gas industry compared to the past, intellectual achievements have been considered as a valuable asset and their support has become inevitable. Companies active in the field of oil and gas are well aware of the fact that obtaining maximum profits requires managing and supporting intellectual achievements and defining an intellectual property strategy aligned with the company's business goals. Therefore, each company defines its intellectual property strategy according to its role in the energy supply chain and operates based on it. Investigating the cost and profit of intellectual assets are two important criteria in determining the appropriate strategy of an oil company.

Abstract Iran's Ministry of Petroleum due to empowerment of Iranian companies for executing local mega projects, regional and international markets penetration and upgrading national technology in petroleum upstream industry, predicted a competent Iranian partner called Exploration and Production (E&P) companies, for cooperating with the International Oil Company (IOC) in Article Four of the Cabinet Approval. Now considering the absence of IOCs, it seems that the capacity of other oil contract models to be used by Iranian oil companies should be examined. The purpose of this paper is to investigate the feasibility of Concession agreements’ execution, by an E&P company in Iran’s upstream industry. The research method is descriptive and analytical and governing laws of Iran are reviewed in this study. Since the host government makes the final decision on the conduct of oil operations, it cannot be described as domination of oil resources, and therefore does not seriously contradict the Iran’s Constitution. Furthermore, E&P companies will not be subject to Article 81 of the Constitution. In the Oil Laws, the only restriction on the inflow of foreign capital in the upstream industry of Iran has been observed, which again does not apply to E&P companies. In the Laws of the Five-Year Plans, this restriction of oil laws has been adjusted too much in which it seems that the restriction has also been removed for IOCs. Finally, the investigation shows that there are no major legal barriers in applying Concession agreement in case that the operator is an Iranian E&P company.

Abstract Various types of hazard exist in the upstream oil and gas industry. Therefore, the contracting parties of any petroleum contract always try to reduce the inevitable economic burdens of occurring adverse events arising out of risks in the course of petroleum operation by applying legal approaches such as contractual risk allocation provisions, which can be realized by drafting efficient insurance and indemnity clauses as the subset of risk allocation provisions. Hence, this study addressed the main research question of “What are the necessary parameters for drafting the insurance and indemnity clauses in the main types of upstream petroleum contracts?”. To this end, the mentioned clauses stipulated in the main types of upstream petroleum contracts, including concessions, production sharing, and service contracts of 15 different countries worldwide, in addition to the comparative analysis with the new model of Iranian Petroleum Contract (IPC), are examined. Eventually, the hypothesis of this study verified that there should be several parameters such as liability towards risks, limitation of liability, and exclusions/exemptions for drafting the insurance and indemnity clauses in these contracts, that is, the result and the answer to the research question. Moreover, the comparative analysis of the extracted set of parameters needed to draft these clauses legally, with the related ones in IPC, is conducted. Therefore, the existing contractual shortcomings are detected. After that, the necessary suggestions to resolve them are offered, which can enhance the effectiveness of the upstream petroleum contracts and avoid potential litigation in this regard.