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Oil and Gas LawCurrent Practice & Emerging Trends$
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Greg Gordon, John Paterson, and Emre Usenmez

Print publication date: 2010

Print ISBN-13: 9781845861018

Published to Edinburgh Scholarship Online: May 2015

DOI: 10.3366/edinburgh/9781845861018.001.0001

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PRINTED FROM EDINBURGH SCHOLARSHIP ONLINE (www.edinburgh.universitypressscholarship.com). (c) Copyright Edinburgh University Press, 2021. All Rights Reserved. An individual user may print out a PDF of a single chapter of a monograph in ESO for personal use.date: 14 June 2021

Dispute Management and Resolution

Dispute Management and Resolution

Chapter:
(p.572) (p.573) Chapter 18 Dispute Management and Resolution
Source:
Oil and Gas Law
Author(s):

Margaret Ross

Publisher:
Edinburgh University Press
DOI:10.3366/edinburgh/9781845861018.003.0018

This chapter notes that the nature and culture of the oil and gas industry have produced particular solutions in relation to dispute management and resolution. For example, the fact that delays are often extremely expensive means dispute resolution processes must be fast and efficient, while the fact that parties to disputes are usually “repeat players” rather than “one shotters” means that there is frequently a reluctance to litigate and a preference for private and flexible alternatives. The chapter considers the spectrum of responses to disputes under four headings: unilateral action; collaboration and negotiation; assisted consensual non-binding processes; and adjudication and beyond. It notes that while historically the industry has been in the vanguard as regards its willingness to explore alternative methods of dispute resolution, there is now a risk that it may be unduly tied to tried and tested approaches while the range of options has actually increased. Equally, the traditional reluctance to litigate may be being tempered as the UKCS matures and new players worry less about long-term relationships and more about enforceable remedies.

Keywords:   Alternative dispute resolution, Collaboration, Negotiation, Assisted collaborative non-binding processes, Expert determination, Arbitration, Litigation, Enforcement

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