The Encyclopaedia of Midstream and Downstream Oil and Gas
Eduardo G Pereira, Kim Talus, Reg Fowler, André Andriw, Elena I Athwal, Rafael Baleroni, Paula Camara, Chantal Carriere, Gustavo Castro Ribeiro Ferreira Silva, Marina Cyrino, Carlos Diaz, Seyram Dzikunu, Laura Huomo, Giovani Loss, Ruchdi Maalouf, Cea Mittler, Lucas Mota de Lima, Cosmos Nike Nwedu, Damilola S Olawuyi, John Paterson, Chowdhury Ishrak Ahmed Siddiky, Thomas Kojo Stephens, Igor Tostes, Jose L Valera, David Wood
This title has also been expanded with new chapters covering topics such as shipping; antitrust; third-party access; taxation; and ESG.
This new edition uniquely combines an encyclopaedia with commentary on both midstream and downstream activities. The topics it covers include energy policies; the relevant players in the sector - from governmental authorities to national oil companies; gas storage; the regulatory and contractual frameworks governing gas and sales agreements; liquefied natural gas; pipelines; distribution networks; and refineries. It has also been expanded with new chapters covering topics such as:
This approach enables all those involved in the petroleum industry to master the necessary legal terms in one publication. Chapters are written by leading experts from across the globe to provide the best industry practices and standards.
The encyclopaedia will serve as a valuable tool for lawyers, industry professionals, consultants and academics who are interested in understanding the key legal terms and provisions of the oil and gas industry.
Table of Contents
|Front Cover||Front Cover|
|Table of contents||3|
|Part I: Oil products||7|
|Downstream and domestic price subsidies: an overview||7|
|The refining industry||15|
|Part II: Natural gas and LNG||57|
|Gas sales agreements||57|
|LNG sales agreements: towards commoditisation?||79|
|LNG export projects||101|
|LNG import projects/ LNG to power||155|
|Downstream distribution network||171|
|Part III: Cross-cutting issues||203|
|The legal aspects of cross-border pipelines||203|
|ESG considerations for midstream and downstream oil and gas||219|
|Third-party access to energy infrastructure||273|
|About the authors||285|
|About Globe Law and Business||293|
Founder and CEO, Assentia Consulting
André Andriw is the founder and CEO of Assentia Consulting, a consultancy firm specialised in business and sustainability advisory in Brazil. He holds a master’s degree in international relations from the State University of Campinas, a BA in international relations from the Federal University of Roraima and a second BA in economics from the University of Estácio de Sá. He was president of the Academic Centre of International Relations Bertha Becker and a research intern at Pontifical Catholic University of São Paulo. André is experienced in business diplomacy, market strategy, energy transition policies, regulation and sustainability in industries such as oil and gas, mining and agribusiness.
Elena I Athwal
Research fellow, UNESCO Chair on Environmental Law and Sustainable Development;
JD law student, College of Law, Hamad Bin Khalifa University
Elena I Athwal is a JD student at Hamad Bin Khalifa University (HBKU) Law School in Doha, Qatar. She is currently a research fellow of the UNESCO Chair on Environmental Law and Sustainable Development and founder and president of the HBKU Environmental & Energy Law Special Interest Club. She was formerly president of the HBKU Law Society.
Elena holds degrees in international relations and history of the built environment, and has taught and specialised in research on natural gas, energy, environmental law, international law and climate change while based in the United States, France and Qatar. She currently works as a research associate, as well as a communications and editorial assistant for the HBKU Law School. She also volunteers as the Student Liaison from the HBKU Law School, working with Afghan refugees.
Partner, Cescon, Barrieu, Flesch & Barreto
Rafael Baleroni is a partner in the infrastructure and project finance department of Brazilian law firm Cescon, Barrieu, Flesch & Barreto, and leads the oil and gas practice. He represents domestic and foreign clients on a wide array of transactions and regulatory matters in the oil and gas, offshore, shipping and maritime, and energy industries. He is recognised as one of Brazil’s leading lawyers in oil and gas by different international directories.
He holds a degree in law from Universidade do Estado do Rio de Janeiro (UERJ), where he specialised in oil and gas law (merit-based scholarship from the Brazilian Oil Agency); a master of international law degree from UERJ; and an LLM from the University of Chicago. He has authored numerous articles and is a frequent speaker on the topics of oil and gas, project finance, foreign investment and international law.
Senior associate, Mattos Filho
With over 10 years of experience in antitrust matters, Paula Camara represents domestic and international clients in connection with merger cases and cartel investigations. Her practice focuses on complex merger cases. She also advises clients on complex competitive issues and projects in regulated sectors, in particular oil and gas. Paula holds an LLM from Stanford Law School and is currently a visiting professor at Ibmec, where she teaches antitrust compliance.
Associate, Latham & Watkins LLP
Chantal Carriere is an associate in the Houston office of Latham & Watkins. Chantal advises clients on energy and infrastructure project development, including liquefied natural gas (LNG), power, biodiesel, upstream oil and gas, pipelines and petrochemical facilities. She serves on the US chapter of the Young Negotiators Group of the Association of International Energy Negotiators (AIEN). Chantal holds law degrees from the University of Calgary and the University of Houston. She is licensed under the Texas State Bar.
Gustavo Castro Ribeiro Ferreira Silva
PhD student, University of São Paulo
Gustavo Castro is a PhD student in energy sciences at the University of São Paulo, with an exchange at the Institut Français du Pétrole as a visiting student on its petroleum economics and management programme. He has a master’s in energy systems planning from the State University of Campinas and a bachelor’s degree in petroleum engineering from Santa Cecilia University. He is experienced in research and consultancy in the areas of technology, politics and economics for fossil and renewable energy sources. He has worked as a research fellow in Brazilian foundations and is currently working in the gas market in the advisory and management area.
Senior tax specialist, Wintershall Dea
Marina Cyrino is senior tax specialist at Wintershall Dea in Brazil, with extensive experience in leading Brazilian oil and gas law firms. She advises on Brazilian tax consulting, planning and litigation, and on regulatory matters in the Brazilian oil and gas and energy industries. She holds a law degree from UERJ; an LLM in regulation from Fundação Getúlio Vargas (FGV) focused on natural gas; and an LLM in taxation from Northwestern University. She has previously published on the topics of oil and gas taxation and regulation, data protection and regulation.
Associate, White & Case LLP
Carlos Ramon Diaz Sordo is an associate in the firm’s Houston office. He recently obtained his LLM in energy, environment and natural resources from the University of Houston. Before that, Carlos was an associate at White & Case’s Mexico City office, where he was actively involved in advising clients bidding for offshore shallow-water and deep-water blocks during the round bidding procedures offered in Mexico. This involved an assessment of the risks and requirements in each type of model contract provided by the Mexican National Hydrocarbons Commission. He is licensed under the Texas State Bar and authorised to practise law in Mexico.
Partner, energy and infrastructure, Bentsi-Enchill, Letsa & Ankomah
Seyram Dzikunu is a partner in the energy and infrastructure department of Bentsi-Enchill, Letsa & Ankomah. She has over 12 years’ experience in legal practice. Seyram has extensive experience in corporate and commercial transactions. Her practice focuses on energy and natural resources. She has played a leading role in acting for and advising a range of organisations, from government agencies and multinational corporations to indigenous small-to-medium enterprises, in the power, oil, gas and mining sectors. She has published articles on topics related to energy. She holds an LLM in petroleum law and policy from the University of Dundee, and an LLB and BA from the University of Ghana. She is a member of the Ghana Bar. She has been recommended by the Legal 500 EMEA 2021 for energy and infrastructure.
Senior lawyer and consultant, New Age African Global Energy
Reg Fowler is a senior lawyer and consultant at New Age African Global Energy. He is the coauthor of three books on upstream joint operating agreements. He has also written on subjects such as the Northern Sea Route in the Arctic Ocean; joint property in oil and gas joint ventures; the impact of state succession on long-term host government agreements; and human rights due diligence for business. He is presently researching energy transition issues, including carbon market regulation and investment law. He looked after Shell’s Kashagan asset until start-up in 2015 and worked in Shell Trading for seven years. He has also worked in Eni and Atlantic Richfield, and has a total of 24 years of in-house experience.
Partner, Bird & Bird
Laura Huomo heads the Nordic energy practice of Bird & Bird and focuses mainly on Nordic and Baltic energy transactions and regulation. In addition, she has extensive experience in international capital market transactions. She is recognised by international legal directories as one of the leading experts in energy and capital markets in Finland, as well as a recognised practitioner and winner of the Client Choice Award for Energy & Natural Resources in Finland over three consecutive years (2020, 2021 and 2022). Laura is a frequent speaker and has published internationally on topics related to the project financing of energy projects, including her doctoral thesis.
Partner, Mattos Filho
Giovani Loss’s practice focuses on energy, oil and gas, and in particular on M&A transactions, financing and regulatory issues involving these industries. He was a legal counsel in the Houston office of Fulbright and Jaworski LLP (now Norton Rose Fulbright). He is one of the founding partners of the Brazilian Institute of Energy Law Studies and a former chairman of the Oil & Gas Law Committee of the International Bar Association. He is licensed to practise law in Brazil, New York and England.
COO, KOGAS International
Ruchdi Maalouf is a senior commercial executive and lawyer who specialises in LNG. His expertise includes long-term LNG procurement and sales, LNG trading and project development. He currently manages the Singapore-based trading and marketing arm of Korea Gas Corporation (KOGAS), a Korean government entity and the largest LNG end-buyer in the world.
Cea Mittler is a transformative learner at heart, focusing on maritime shipping’s decarbonisation efforts. She holds an LLM in EU energy law from the University of Helsinki and is pursuing an LLM in maritime law combined with coursework within the realm of public policy at the National University of Singapore.
Cea was previously a senior associate at Bird & Bird Attorneys Ltd, tasked with establishing and growing the firm’s Finnish Nordic energy practice. Before that, she headed the legal function at the Finnish gas transmission system operator, directing corporate legal affairs while shaping policy connected to the gas transmission business. She has also worked on the Balticconnector pipeline project, the largest EU-funded energy project at the time. She has published articles and spoken on topics related to REPowerEU, future hydrogen regulation and hydrogen marked advancement, LNG, unbundling of gas markets, advancement of energy infrastructure and legal barriers to a circular economy.
Lucas Mota de Lima
Master’s student, University of São Paulo;
Head of regulation and institutional relations, Energy Platform-EnP
Lucas Mota de Lima is a master’s student in energy sciences at the University of São Paulo. He has bachelor’s degree in petroleum engineering from the Federal University of Campina Grande, with a ‘sandwich’ degree in the United States. He was technical adviser for oil and natural gas at the Ministry of Mines and Energy Brazil, where he held senior consulting roles relating to the regulatory structure, institutional nature, technical opinions and bidding rounds in the oil and natural gas sector. He then coordinated the programme for the National Policy for Onshore Oil and Natural Gas. He is currently head of regulation and institutional relations at Energy Platform-EnP.
Cosmos Nike Nwedu
Researcher/lecturer, Federal University Ndufu-Alike Ikwo
Cosmos Nike Nwedu teaches and researches law at the Faculty of Law of the Federal University Ndufu-Alike Ikwo, Nigeria. He received his LLM in climate change and energy law and policy from the Centre for Energy, Petroleum and Mineral Law and Policy (CEPMLP), University of Dundee; his BL from Nigerian Law School, Abuja; and his LLB (Hons) from Ebonyi State University, Nigeria. His research focus brings interdisciplinarity to the interface of climate change and energy law and policy, including oil, gas and renewable energy. He is a member of the Young International Council for Commercial Arbitration; the Young International Arbitration Group; the Energy Institute; the Nigerian Association of Law Teachers; and the Nigerian Bar Association.
Damilola S Olawuyi
Professor of law, Hamad Bin Khalifa University
Damilola S Olawuyi is a professor of law and holder of the UNESCO Chair on Environmental Law and Sustainable Development at HBKU Law School in Qatar. He is also chancellor’s fellow at the Institute for Oil, Gas, Energy, Environment and Sustainable Development at Afe Babalola University in Nigeria. He is an independent expert on the United Nations Working Group on Business and Human Rights. He formerly served as an independent expert of the African Union’s Working Group on Extractive Industries, Environment and Human Rights.
Damilola has published over 100 influential peer-reviewed articles, books and reports on energy finance, sustainable development law and extractive resource governance. He was formerly an international energy lawyer at Norton Rose Fulbright Canada LLP, Calgary, where he served on the firm’s global committee on extractive resource investments in Africa. He has lectured on energy and environmental law in over 40 countries worldwide.
A senior advocate of Nigeria, Damilola holds a DPhil in energy and environmental law from the University of Oxford; an LLM from Harvard University; and an LLM from the University of Calgary. He obtained first-class degrees in law from Igbinedion University and from the Nigerian Law School.
Professor of law, University of Aberdeen
John Paterson is a professor of law at the University of Aberdeen. He has previously been co-director of the Centre for Energy Law; acting head of the School of Law; and university viceprincipal for internationalisation. He coordinates Aberdeen’s involvement in the North Sea Energy Law Partnership, which – together with the Universities of Copenhagen, Groningen and Oslo – offers an advanced LLM in energy law. He has been involved in several international energy law projects in research, teaching, training and capacity building; and has provided consultancy to international organisations and expert advice in an international arbitration. He is series editor (with Julian Webb) of the Law, Science and Society series published by Routledge-Cavendish. He co-edits (with Greg Gordon and Emre Usenmez) Oil and Gas Law in the UK: Current Practice and Emerging Trends, currently in its third edition, published by Edinburgh University Press.
Eduardo G Pereira
Professor of natural resources and energy law
Professor Eduardo G Pereira is a worldwiderecognised scholar specialising in natural resources and energy law. He is a founding partner at the International Energy Law Training and Research Company and the International Energy Law Advisory Group. He has been active in the natural resources and energy industry for more than 15 years and is an international expert on oil and gas contracts and regulations. His experience in this area – both academic and practical – is extensive. He has practical experience in over 50 jurisdictions, covering America, Europe, Africa and Asia. He concluded his doctoral thesis on oil and gas joint ventures at the University of Aberdeen and followed this with postdoctoral research at the Oxford Institute for Energy Studies (University of Oxford), the Scandinavian Institute of Maritime Law (University of Oslo) and the Institute of Energy and Environment (University of São Paulo). He holds positions as a full-time, part-time, honorary, adjunct and/or visiting scholar in several leading academic institutions around the world. He is also a managing editor for the Global South Energy and Natural Resources Law Journal and an associate editor of Oil, Gas and Energy Law (OGEL). He is also the author and editor of several leading oil and gas textbooks. Further information about his profile can be found at www.eduardogpereira.com.
Principal, Cross Keys Energy
Peter Roberts is the principal of Cross Keys Energy, an independent energy consultancy. He is an oil and gas projects lawyer with 30 years of legal and commercial experience, working for oil and gas companies on acquiring, structuring, developing and financing upstream, midstream and downstream petroleum projects and also for governments on oil and gas sector regulatory matters.
He has worked extensively in Asia, Africa, Central and Eastern Europe and South America, and has previously worked in-house and as a partner in several international law firms. He also appears as an expert witness in energy sector disputes.
He is the author of several leading energy sector textbooks; is an honorary lecturer at Dundee University and a visiting professor of law at Austral University in Buenos Aires; and is the editor of the AIEN’s Journal of World Energy Law and Business.
Chowdhury Ishrak Ahmed Siddiky
Associate professor, University of Asia Pacific
Chowdhury Ishrak Ahmed Siddiky has an LLB (Hons) from the University of Kent, United Kingdom and was called to the Bar of England and Wales from the Honourable Society of Middle Temple. He completed his LLM in energy law and policy at the CEPMLP, University of Dundee and his PhD at the same institution. Ishrak has worked as a consultant for various international petroleum companies and has written numerous books and articles in the areas of cross-border pipelines, energy security and energy law. He was also a visiting scholar at Cornell Law School, Ithaca, New York; and is an adjunct associate professor at the University of Asia Pacific, Dhaka, Bangladesh and deputy director of the South Asian Institute of Advanced Legal and Human Rights Studies.
Thomas Kojo Stephens
Senior partner, Stobe Law;
Senior lecturer, University of Ghana School of Law
Thomas Kojo Stephens obtained his BA in political science and philosophy (Highest Honours) from Emory University, US (Gates scholar), graduating summa cum laude, phi beta kappa. He obtained his LLB from the University of Ghana School of Law; his QCL from the Ghana School of Law; and his LLM from Cornell University, United States. He attended the University of Aberdeen (Commonwealth scholar) and obtained a PhD in petroleum law, policy and regulation. He is a senior partner at Stobe Law; a senior lecturer at the University of Ghana School of Law; a jurisdictional author for a number of international publications; an advisory board member of the International Energy Law Advisory Group; and a principal trainer at the International Energy Law Training and Research Center. He was vicechairman from 2018–2020 of the Public Interest and Accountability Committee, Ghana’s statutory body with oversight over petroleum revenue.
Professor of European energy law, University of Eastern Finland Law School;
James McCulloch Chair in Energy Law, Tulane University;
Professor of energy law, University of Helsinki
Kim Talus is professor of European energy law at University of Eastern Finland Law School and the founder and co-director of its Centre for Climate, Energy and Environmental Law. He is also the holder of the James McCulloch Chair in Energy Law at Tulane University and the founding director of the Tulane Center for Energy Law. Additionally, he is a part-time professor of energy law at University of Helsinki.
His extensive experience in research and consultancy has focused on international, comparative and European energy law. He has authored and co-authored more than 190 publications. Kim’s work has awarded him many recognitions, including the Willoughby Prize in 2005 for outstanding article published in the Journal of Energy and Natural Resources Law. His research has also been recognised by the Court of Justice of the European Union.
He is the editor-in-chief of OGEL and a member of the editorial board for several journals, including the Journal of World Energy Law and Business and the International Journal of Nuclear Law.
Lead counsel, Equinor Brasil
Igor Tostes has worked as a lead counsel in Equinor Brasil since 2021. Before joining Equinor, Igor worked for eight years in the energy department of Mattos Filho Advogados, providing legal support to oil and gas and energy industry clients, and advising on corporate, M&A, financing, contractual and regulatory law issues involving these industries. Igor spent one year at White & Case LLP’s Houston office as a member of the Latin American Fellows Program – Energy, Infrastructure, Project and Asset Finance Group. He has been previously seconded as legal counsel to SBM Offshore, Enel Green Power and Rosneft Brasil. Igor holds a law degree from the Fluminense Federal University; a postgraduate degree in corporate law from FGV Rio; a master’s degree in regulatory law from FGV Rio; and an LLM from the University of Chicago.
Jose L Valera
Partner, Mayer Brown LLP
Jose L Valera is a partner in Mayer Brown LLP’s Houston office and a member of the global energy group. He focuses on domestic and international energy transactions and project development, with more than 25 years of legal experience representing oil, gas and electric energy companies throughout the United States, Latin America, Africa, Asia and the Caribbean. Jose represents clients in a wide range of commercial agreements, including oil and gas exploration and production contracts, investment agreements, production sales, upstream development projects, transportation agreements, mergers and acquisitions, and joint ventures. He also has experience with onshore and marine terminal services agreements for crude oil and petroleum fuels. Jose drafts and negotiates project development agreements for thermal and renewable generation projects, operation and maintenance of power plants, fuel supply, financing, mergers and acquisitions. His LNG practice focuses on LNG liquefaction services, regasification services, development of regasification terminals, and purchase and sale of LNG.
Jose has JDs from the Catholic University of Peru and South Texas College of Law Houston and is a former member of the board of directors of the AIEN.
CEO, Sanchez Wood Limited
David Wood has developed refinery projects in Brazil, Serbia, Russia, Poland and Bosnia. He is currently CEO of Sanchez Wood Limited, his own consultancy firm; and CEO of Refinaria Atlântico Sul de Sergipe SA, a proposed 200,000 billion barrels of oil per day oil refinery. David is a chemical engineer (BSc Hons, University College London) and has qualifications in contract law and banking.
Having worked at Bankers Trust Company (now Deutsche Bank) running the natural resources division for six years, David brings valuable banking and financial structuring experience to energy projects.
With 30 years’ experience in general management positions in the oil and gas and banking industries, he has developed businesses and managed complex projects totalling $10 billion.
For the past 30 years, David has worked on developing refinery and related energy projects for diverse companies in Brazil, Morocco, Russia, the United Kingdom, the Philippines, China, Thailand, Poland, Kurdistan and the former Yugoslavia.