Risk Allocation Provisions in Energy Industry Agreements: Are We Getting it Right?

Authors

  • Nick Kangles
  • R Ben Rogers
  • Zahra Allidina
  • Chris Harris

DOI:

https://doi.org/10.29173/alr120

Keywords:

Energy Law, Petroleum Law

Abstract

After reviewing a number of Canadian legal principles relating to indemnities, this article reviews risk allocation provisions used in certain segments of the oil and gas industry in Canada with a view to exploring the rationale behind the use of different risk allocation regimes and combinations thereof, and constraints to the enforceability of such provisions. The authors then discuss select issues that should be taken into account when reviewing, negotiating, and drafting these types of provisions.

Author Biographies

Nick Kangles

Norton Rose OR LLP, Calgary, Alberta.

R Ben Rogers

Norton Rose OR LLP, Calgary, Alberta.

Zahra Allidina

Norton Rose OR LLP, Calgary, Alberta.

Chris Harris

Norton Rose OR LLP, Calgary, Alberta.

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Issue

Vol 49, No 2: Energy Law Edition

Section

Articles

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