2018 AIPN Research Paper Published Online

The AIPN is pleased to announce the publication of its 2018 awarded Research Paper. AIPN’s annual Research Paper program offers a substantial grant to selected qualified authors for preparation of practical, thoroughly researched papers on topics directly relevant to international petroleum negotiations.

The 2018 AIPN Research Paper “The Compliance Dilemma: Economic Sanctions and the AIPN Model Form International Joint Operating Agreement” is authored by Andrew B. Derman, Andrew Melsheimer, Thomas J. (T.J.) Auner, and Skyler K. Sikes from Thompson & Knight.

Please click here to download the research paper.

Paper Abstract
This paper analyzes the potential impact U.S. economic sanctions may have on the ability of international JOA members to both comply with sanctions and protect their interests under the JOA. The current AIPN Model Form International JOA (“Model Form”) does not address circumstances and issues arising from economic sanctions. As a result, a party to the JOA may face a Compliance Dilemma, where it is unable to both comply with applicable sanctions and perform its obligations under the JOA. While there may be no optimal provision with respect to protecting each party’s interest under these circumstances, this paper seeks to offer a number of pragmatic solutions.

In addition to providing an overview of economic sanctions in general, Part II of this paper describes the framework of U.S. economic sanctions. Part III discusses the Model Form and its relevant provisions. Part IV focuses on the Compliance Dilemma and demonstrates how the Model Form currently does not protect each party’s interest from the issues arising from economic sanctions. Part V provides an overview of how the Model Form could adapt to protect the parties’ interests from the issues arising from economic sanctions.

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