چکیده:
Issues related to contractual liabilities and their allocation are very important and vital aspects of contracts, often consuming a significant amount of time during contract negotiations. Based on the primary legal principle, each individual should be responsible for the consequences of their actions and statements. However, the complexities in industrial contracts, particularly in the oil and gas sector, which involve very expensive projects, have gone beyond this limit. Due to the professionalism of the parties, regardless of the primary legal rules, contractual responsibilities are transferred to the other party or a third party (mainly insurance companies). These levels of allocation of contractual responsibilities, known as indemnity clauses, acceptance of responsibility, and insurance, are actually mechanisms that have many advantages due to preventing the excessive increase of project costs in purchasing duplicate insurance coverage, as well as preventing the interruption of the project's executive process due to contractual-legal disputes and allocating risk to the party that is more efficient in accepting and managing risk. In fact, the main question in this regard is to investigate the interaction of these two factors in accepting responsibility. The interaction and interplay of these two factors with each other cause these two concepts to be discussed and examined continuously and intertwined, although according to some practices in some countries, the provisions of these two subjects may be considered independently of each other.
خلاصه ماشینی:
Waiving such a right will mean that after compensating for the damage, the insurer will not be able to claim it from the party at fault who is a beneficiary of the indemnification clause and acceptance of liability in their contract with the insured (James W.
5. Non-waiver of the insurer's right of subrogation and its impact on the implementation of the indemnification clause and acceptance of liability As mentioned, subrogation is one of the accepted principles in insurance law, and according to its provisions, the insurer is entitled to claim the related costs from the person causing the incident to the extent of the damages compensated and to file a lawsuit for this purpose.
In industrial contracts, including drilling contracts in the oil and gas sector, there is usually a broad indemnification clause and acceptance of liability from the project operator2 to drilling contractors, which practically leads to the inclusion of a clause waiving the insurer's right of subrogation against them.
As in Article 23 of the standard contracts of the LOGIC Institute (Standard contracts for the UK offshore oil and gas industry) for the construction of offshore structures regarding the contractor's insurance obligations, it stipulates that: All insurances required under this Clause 23 shall be endorsed to provide that underwriters waive any rights of recourse, including in particular subrogation rights against the COMPANY, CO-VENTURERS and its and their respective AFFILIATES in relation to the CONTRACT to the extent of the liabilities assumed by the CONTRACTOR under the CONTRACT.
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