Quarterly Publication

Document Type : Original Article


1 Instructor, Private Law Department, Faculty of Law & Political Sciences, Allameh Tabataba'i University, Tehran, Iran, Email: sakhaei.sh@gmail.com

2 Assistant Professor, Private Law Department, Faculty of Law & Political Sciences, Allameh Tabataba'i University, Tehran, Iran, Email: abaskazemi@gmail.com


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.


Main Subjects

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