论文部分内容阅读
联合作业协议是国际油气合作开发项目中最重要的法律文件之一,直接影响着项目的运营管理方式以及投资者之间权利义务关系和风险的分担。作业者免责条款是联合作业协议下责任承担的基本机制,该条款在各国司法实践中,包括英美法体系下,存在模糊和冲突,尤其是在适用范围、重大过失的认定等方面尚有较大的不确定性,因此投资者有必要对其进行深入研究并及时跟踪其动态和最新发展,以期合理设置条款,维护自身权益。
The JOA is one of the most important legal documents in the international oil and gas cooperation and development project, which directly affects the operation and management of the project as well as the rights and obligations between investors and the sharing of risks. The exemption clauses of operators is the basic mechanism of the responsibility assumption under the joint operation agreement. This clause is ambiguous and conflicting in the judicial practice in various countries, including the common law system in the United States. In particular, there are still large differences in the scope of application and the determination of gross negligence Therefore, it is necessary for investors to conduct in-depth research on them and keep track of their developments and developments in a timely manner so as to reasonably set terms and safeguard their own rights and interests.