Risk Allocation Provisions in Energy Industry Agreements: Are We Getting it Right? | Zendy

Nick Kangles | Zendy; Ruth Rogers | Zendy; Zahra Allidina | Zendy; Chris Harris | Zendy

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Risk Allocation Provisions in Energy Industry Agreements: Are We Getting it Right?

Author(s) -

Nick Kangles,

Ruth Rogers,

Zahra Allidina,

Chris Harris

Publication year - 2011

Publication title -

alberta law review

Language(s) - English

Resource type - Journals

eISSN - 1925-8356

pISSN - 0002-4821

DOI - 10.29173/alr120

Subject(s) - negotiation , energy law , business , law and economics , petroleum industry , energy (signal processing) , actuarial science , economics , law , industrial organization , political science , environmental law , engineering , statistics , mathematics , environmental engineering

After reviewing a number of Canadian legal principles relating to indemnities, this article reviews risk allocation provisions used in certain segments of the oil and gas industry in Canada with a view to exploring the rationale behind the use of different risk allocation regimes and combinations thereof, and constraints to the enforceability of such provisions. The authors then discuss select issues that should be taken into account when reviewing, negotiating, and drafting these types of provisions.

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