Peter Roberts, Petroleum Contracts, English Law and Practice
| DOI | 10.1093/jwelb/jwu002 |
| Date | 24 February 2014 |
| Pages | 175-177 |
| Year | 2014 |
| Published By | Oxford University Press |
Book Review
Peter Roberts, Petroleum Contracts, English Law and Practice,
Oxford University Press, 2013. ISBN 978-0-19-965978-4, 448 pages
Peter Roberts has created the ultimate guide to what English law says about the essential
provisions of the numerous contracts worldwide that are based on English law (or rather,
the Laws of England and Wales).
For a clear understanding, a solid source of reference and clearly articulated insight,
this book provides the bedrock foundation for English law-based contracts.
It should be considered required reading for practitioners in the industry involved in
contract analysis and design, negotiations, and for those conducting due diligence for
transactions of any sort.
The influence of English law is widespread in the petroleum industry and shows no
indication of disappearing. Indeed, Peter Roberts’ book is a thorough and insightful tool
for understanding the dynamics that English law presents to petroleum contract
arrangements.
The book meets any measure of the scholastic world and also provides insights into the
practical world of petroleum contracts.
Roberts provides clear precise explanations fortified with useful, candid parenthetical
commentary and clear concise summaries of rulings from approximately 1,000 cases. His
added commentary and supplementary explanations provide further complexion and at
the same time help make what could have been a relatively dry subject more alive and
meaningful.
The book presents the underlying logic for the various contractual structures and
provisions that constitute the relational structures among and between oil companies
and governments, oil companies and oil companies and oil companies and service
companies.
In Chapters 1 and 2 he outlines first what the notion of English law is and then
introduces the range of ‘petroleum contracts’, upstream, midstream and downstream,
and every variation that make up the vast subject. Chapter 3 explores the subject of
preliminary contracts and such things as the extent to which obligations to negotiate
are enforceable. In Chapter 4 he explains the realm of preliminary contracts and the role
of ‘conditions’ with an emphasis on conditions precedent.
In Chapter 5, a particularly valuable section, he explains the dynamics that underpin
whether companies form an unincorporated or incorporated joint venture, and then he
goes on to reflect on the implications of such a choice and how it relates to the legal
concept of a partnership under English law. While these distinctions are subtle, the
implications are significant, and Roberts provides an excellent resource for both students
and practitioners to navigate such matters.
Journal of World Energy Law and Business, 2014, Vol. 7, No. 2 175
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