Advising oil gas and mining companies on contested areas of ownership



As prices for oil and gas continue to increase, and technology allows for more imaginative exploration for oil and gas assets, companies are becoming interested in parts of the world which until recently were well off the beaten oil and gas track. Often, it is the discovery of such assets that accelerates a push by countries to fix or contest their boundaries - both on land and offshore.


Companies take a significant risk by commencing exploration without a firm grasp of territorial ownership issues which we can help mitigate by identifying the key arguments that the sides to a dispute are most likely to use (typically, for example, historical boundaries between colonial powers or signed by predecessor regimes, treaties, protocols, or other agreements, sovereign acts or historical rights) and by giving an evaluation of the relative strength of their claims.


It may be that an arrangement is in place for the management of a boundary – for example, the creation of a joint development zone – or a protocol which oversees the distribution of profits from a trans-boundary project. In which case, we can give an indication of the durability of that arrangement in the face of prospective or possible claims or renegement by either party.


In cases of this nature we would tend to work closely alongside a law firm with expertise relating to boundary agreements and disputes, our input being to inform the evaluation through the provision of expert understanding of the politics of the country or region.