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Diogo Xavier da Cunha
Maputo, 1st June 2005
CONTRACT STABILITY &
DISPUTE RESOLUTIONA couple of oil investment essentials.
The Mozambican example.
9th AFRICA OIL & GAS, TRADE & FINANCE CONFERENCE
NOT AN OFFICIAL UNCTAD RECORD
Investors’ Typical Concerns
The States’ Perspective
Aiming for a Balanced Solution
1st June 2005
Conflicting Interests
Changes in Industry Patterns
Nationalism
Ideological Hostility
Contracts Made by Former
Political Regimes
1st June 2005
Historical Risks of Investment
Contract Stability
Origin and Forms of Contract Instability
Sovereignty v. Stability History & Purpose of the
Stabilization Clause The Nature of Renegotiation
Clauses The Adaptation Clauses The Force Majeure Clauses The Renegotiation Clauses
1st June 2005
1st June 2005
Dispute Resolution
An Endless Source of Disputes
The Duty to Negotiate
The Formation of Lex Petrolea
The Separability of the
Arbitration Clause
Recommendations Whilst
Negotiating and Drafting an
Arbitration Clause
Contract Stability under Mozambican Law
Constitutional Law General Principles of Law –
Article 437 of the Civil Code Petroleum Law Code of Fiscal Benefits Petroleum Production Tax
Regulations
1st June 2005
The Mozambican Example
Arbitration: A True Option Arbitration Law Petroleum Law Mozambique Party to Important
International Conventions and Bilateral Treaties
1958 New York Convention on Recognition and Enforcement of Foreign Arbitral Awards
1st June 2005
The Mozambican Example
