Joint Operating Agreements

How to Avoid Drafting Landmines (and tips to survive any you trigger...)

Speaking Engagement | January.31.2019 | 5pm - 7pm (GMT Standard Time)

The Law Society

JOA MARKET TRENDS: KEY ISSUES TO NEGOTIATE ON THE WAY IN

  • Partner drag: operator and non-operator concerns
  • Managing state participation rights
  • Creating effective carries

WHEN A JOA GOES BAD: HOW TO MANAGE JOA DISPUTES PROPERLY

  • Pay now argue later - v - permissible payment defaults
  • Using the courts to defeat claims
  • Applying or denying operator wilful misconduct

JOA AND RELATED ISSUES CASE LAW UPDATE

SPEAKERS

  • Mark Beeley, Partner at Orrick
  • Reg Fowler, Legal Governance Counsel at Karachaganak Petroleum Operating B.V.
  • Peter Roberts, Partner at Orrick

Practice:

  • Energy & Infrastructure Sector
  • International Arbitration & Dispute Resolution
  • Öl & Gas
  • Energy
  • Komplexe Streitfälle & Streitbeilegung
  • International Trade and Investment
  • FCPA & Anti–Corruption
  • Africa

Mark Beeley Partner

London

Mark leads Orrick’s global international arbitration practice group, and acts as advocate and counsel whether in international arbitrations (both commercial and investor-state) or in litigation in the English and DIFC courts. He has particularly deep experience in energy disputes, but also regularly acts in construction, technology, insurance, shareholder and white-collar/civil fraud matters (including advising on sanctions and export controls).

Mark has acted in arbitrations under all the major arbitration rules in disputes seated around the globe involving a wide range of governing laws and sits as arbitrator (including both as chairman and sole arbitrator). He previously practiced in Dubai as a Registered Foreign Lawyer and maintains a practice as advocate (and solicitor) in both the English and DIFC Courts (along with supervising cross-border litigation in multiple other jurisdictions). He is recognised in the leading directories for arbitration, litigation and natural resources disputes (including Chambers & Partners, Legal 500, GAR and Who’s Who). In addition, he has been recognised as a foreign expert in disputes in both the UAE and India by Chambers.

He has a particular interest in energy sector disputes, including those in the upstream and LNG areas  he knows “oil and gas inside out” and is “as knowledgeable as anyone about international arbitration in the energy sector, specifically oil, gas and renewables” (Chambers & Partners UK ) and is recognised in Who's Who Legal for Energy, Chambers UK for Energy & Natural Resource Disputes and Legal 500 for Oil & Gas), but has dealt with matters across the industry, running the gamut from seismic acquisition agreements through to IP disputes involving refined products, carbon trading agreements and the construction and licencing of renewable projects. He recently led the AIEN Model Form Revision sub-committee focusing on the dispute resolution aspects of the model form JOA.

As illustrated below, beyond energy, Mark has acted in the infrastructure/construction, technology, insurance, fintech, pharmaceutical, telecoms, insurance and finance sectors (amongst others) and also advises extensively (both in the advisory context and in leading investigations/claims) in relation to white-collar/fraud matters, including money laundering, bribery, sanctions and export control issues.

Originally called to the English Bar and now practicing as a solicitor-advocate, Mark frequently publishes and speaks on arbitration and energy matters, including on questions of sovereign immunity, res judicata, arbitration procedure, the award of interest and other questions on damages. Mark serves as a member of the ICC's Commission on Arbitration & ADR, as well as on the ICC UK's Arbitration & ADR Committee. He also leads Orrick's London Office.