چکیده:
One of new Iranian Petroleum Contract (IPC) requirements is participation of the foreign company(ies) with local company(ies) forming a consortium to jointly perform the petroleum operation of the field, and the main bedrock for performance of the joint operation is Joint Operating Agreement (JOA). There are basically two types of parties in a JOA: Operator and Non-Operator(s). The main role and duty of the operator is conducting and management of the day-to-day operation of the field, while, of the non-operators is providing timely funds for conduct and participating in decisions made in respect of the joint operation. While the operator, seek more freedom in performing its duties and obligations under a JOA, the non-operators desire higher level of control and more access to information to effectively protect their interests engaged in the main contract and JOA. In most JOAs, the non-operators are engaged in decision makings through the Operating Committee (OpCom) and its sub-committees. In Iranian version of JOA, the non-operators may supervise the operator’s activities via the OpCom. The main duty of the OpCom is controlling and supervising the joint operations performed in the contract area by the operator and reviewing and approving the work programs and budgets.
خلاصه ماشینی:
C) In the new pattern, the responsibility for supervising project operations, making technical, financial and legal decisions, assigning sub-contracts and the annual financial operation plan, lies with the Joint Management Committee (consisting of an equal number of representatives from both parties to the contract with equal voting rights) of the contract, and the decisions of this committee are recognized unanimously.
Given the long duration of the JOA (following the long duration of the main contract) and the changing interests and preferences of oil companies over time, important and sensitive issues that may lead to disputes between partners (such as defining joint operations and how they are implemented, control of operations and decision-making mechanisms, cases related to the operator's negligence or that of other partners) must be identified, scrutinized, and clarified.
In the International Model Form, the duty of the operational committee is to grant authorization for joint operations required to achieve the objectives of the main contract and the optimal exploration and extraction of hydrocarbons from the contract area, and to supervise these operations to ensure their compliance with the terms and provisions of the main contract, the JOA, applicable laws, and common practices and standards in the international oil and gas industry.
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