Cost recovery in production sharing contracts: a comparative review of Southeast Asian jurisdictions

IF 16.4 1区化学 Q1 CHEMISTRY, MULTIDISCIPLINARY

Accounts of Chemical Research Pub Date : 2020-12-02 DOI:10.1093/jwelb/jwaa033

N. Lingard, Philip J. Morgan, Kate Apostolova, J. Tan

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引用次数: 2

Abstract

Abstract While the current macro factors (such as the COVID-19 pandemic’s impact on oil and gas demand and lower crude prices) suggest a challenging period lies ahead, the oil and gas industry remains important to a number of Southeast Asian countries, representing a focus area for foreign investment, a driver of domestic auxiliary industries and a source of government revenue. This article focuses on key oil and gas jurisdictions in the region—namely, Indonesia, Malaysia, Philippines, Thailand and Vietnam—and provides a comparative overview of the cost recovery mechanisms in each country. Despite the practical importance of understanding how the cost recovery regimes are intended to operate in each of the relevant jurisdictions, there remains a little detailed commentary on the relevant legislative and contractual frameworks. By tracking how each of the five jurisdictions has modified and adopted cost recovery provisions as it considers appropriate for its particular investment needs, and comparing the jurisdictions surveyed across a range of measures, as reflected in Table 8, this article aims to provide current and future market participants with insights on cost recovery, both to support investment decisions and provide context for disputes that may arise.

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生产分成合同中的成本回收：对东南亚司法管辖区的比较考察

尽管当前的宏观因素(如COVID-19大流行对油气需求的影响和原油价格下跌)表明，未来将面临一段充满挑战的时期，但对许多东南亚国家来说，油气行业仍然很重要，是外国投资的重点领域，是国内辅助产业的驱动力，也是政府收入的来源。本文主要关注该地区的主要油气管辖区，即印度尼西亚、马来西亚、菲律宾、泰国和越南，并对每个国家的成本回收机制进行了比较概述。尽管了解成本回收制度在每个有关司法管辖区如何运作具有实际重要性，但对有关立法和合同框架仍有一些详细的评论。通过跟踪五个司法管辖区如何修改和采用其认为适合其特定投资需求的成本回收条款，并通过一系列措施对调查的司法管辖区进行比较，如表8所示，本文旨在为当前和未来的市场参与者提供成本回收的见解，以支持投资决策并为可能出现的争议提供背景。

本文章由计算机程序翻译，如有差异，请以英文原文为准。

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来源期刊

Accounts of Chemical Research 化学-化学综合

CiteScore

31.40

自引率

1.10%

发文量

312

审稿时长

2 months

期刊介绍： Accounts of Chemical Research presents short, concise and critical articles offering easy-to-read overviews of basic research and applications in all areas of chemistry and biochemistry. These short reviews focus on research from the author’s own laboratory and are designed to teach the reader about a research project. In addition, Accounts of Chemical Research publishes commentaries that give an informed opinion on a current research problem. Special Issues online are devoted to a single topic of unusual activity and significance. Accounts of Chemical Research replaces the traditional article abstract with an article "Conspectus." These entries synopsize the research affording the reader a closer look at the content and significance of an article. Through this provision of a more detailed description of the article contents, the Conspectus enhances the article's discoverability by search engines and the exposure for the research.