Jurisdiction(s):
United Kingdom

Key definition

Disputes definition

What does Disputes mean? In legal practice, disputes are disagreements giving rise to potential legal rights and remedies between parties, addressed through dispute resolution including litigation, arbitration and ADR such as mediation and negotiation. The term is descriptive rather than a defined statutory concept; the substantive rights and procedures arise from statute and common law. Typical features include identification of the cause of action, applicable limitation periods, choice of jurisdiction and forum, compliance with pre-action protocols or pre-action correspondence, disclosure/discovery, evidence, settlement, costs and enforcement. Usage is broadly consistent across England & Wales, Scotland, Northern Ireland and Ireland, though civil procedure differs: CPR in England...

Upstream oil and gas projects: structure, key contracts, dispute resolution and common disputes

Published by a LexisNexis Arbitration expert

Practice notes

Upstream oil and gas ventures established under a licence to explore, develop and/or produce Hydrocarbons are typically assembled through multiple contracts, many of which feature arbitration clauses. Such ventures require substantial capital and give rise to long-term projects (and therefore long-running contracts) in which states and businesses hold major stakes. As a result, when Disputes arise, mirroring the scale of the investments, they often involve significant amounts and must proceed swiftly to prevent any interruption to production.

This Practice Note sets out a typical project architecture, flags the principal contracts, the usual dispute resolution mechanisms they include, and the categories of disputes that may emerge. It also touches on some of the more difficult issues that can arise when resolving these disputes. This Practice Note should be read alongside Practice Note: Arbitration in the energy sector.

Structure of projects

The diagram below depicts a common configuration for upstream projects. Items shown in rectangular boxes denote contracts, while those in ellipses indicate project participants. The diagram is simplified, but it highlights the core contracts and their interrelationships. It aims to show their alignment within the overall framework and the links between them, from start to finish clearly...

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Alistair Calvert

Alistair Calvert is a partner in the International Dispute Team at Bracewell.Mr. Calvert’s practice encompasses complex international arbitration with a focus on the energy sector. He also represents clients in English High Court litigation and provides advice on the management of legal risk during pre-action negotiations and alternative dispute resolution, including mediation, expert determination and early neutral evaluation. He has advised on joint venture, commercial and operational disputes and the majority of his recent case load consists of North Sea and African related instructions including a series of high-value disputes in Nigeria and Ghana....

John Gilbert

John Gilbert is co-chair of Bracewell’s international arbitration practice and is based in its London office. John resolves disputes across the energy sector through litigation, arbitration, expert determination and mediation. He advises on a broad range of disputes related to oil and gas exploration and production, the construction and operation of pipelines and the downstream sector. John has particular experience representing clients locked in disputes over gas sales agreements, including price reviews and on the operation of take-or-pay provisions. In addition, he advises on a broad range of disputes relating to power generation, both conventional and renewables. John has also represented clients in issues concerning ESG, including matters concerning business and human rights, anti-bribery and money laundering obligations and on conducting investigations. For six years, John previously served as in-house counsel in the dispute resolution team of an oil and gas...

Robert Meade

Bracewell (UK) LLP

Robert Meade joined Bracewell in May 2018. He has over 10 years of experience acting on international disputes in the oil and gas industry and disputes related to power (including renewables) infrastructure and construction. He also advises on international trade, sanctions and anti-bribery and corruption issues. He has particular experience representing clients on issues concerning joint operating agreements, unit area operating agreements, production sharing contracts, transportation and processing agreements, farm out agreements and construction contracts. He has advised on numerous disputes arising out of joint ventures and asset acquisitions, including pre-emption rights disputes. Mr. Meade is experienced in international arbitration under the LCIA, ICC and UNCITRAL rules and conducts his own advocacy. He was included in Legal 500’s inaugural Arbitration Powerlist. He has also acted on many disputes before the English high court as well as several...

Web page updated on 21/05/2026

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