The Role of Asian International Arbitration Centre (AIAC) as a regional Hub for Oil and Gas Sector

  • Authors

    • Wan M. Zulhafiz
    • . .
    • . .
    2018-08-08
    https://doi.org/10.14419/ijet.v7i3.21.17185
  • Dispute resolution, oil and gas, arbitration

  • Abstract

    Hydrocarbons projects involve multiple parties, including sovereign states and corporations, to operate expensive, complex and high-risk activities. Alternative dispute resolution (ADR) is often preferred more by the parties than litigation to ensure the smooth running of the projects. ADR refers to all mechanisms of dispute settlement other than litigation such as negotiation, mediation, adjudication, and arbitration. The Asian International Arbitration Centre (AIAC) or formerly known as the Kuala Lumpur Regional Centre for Arbitration (KLRCA) is the main institution that administers and resolves all commercial arbitration disputes in Malaysia. This research argues that, due to the technicalities and complexity of operations in the oil and gas sector, there is a need to set up a special arbitration centre for oil and gas under the AIAC to handle and resolve the industrial disputes. Furthermore, by establishing the centre, it can help to promote the AIAC as the choice of arbitration hub, especially within the Organization of the Petroleum Exporting Countries (OPEC). In doing so, it is necessary to pass a special legal framework to enable the establishment of the centre. It may function as a roadmap by the key players of the oil and gas sector to recourse in resolving disputes. The methodology employed by this research is carried out in a prescriptive, comparative and analytic manner.

     

     

  • References

    2. lang=EN-GB style='font-size:8.0pt;color:windowtext'>
    3. field-begin'> ADDIN EN.REFLIST
    4. style='mso-element:field-separator'>[1] Zulhafiz WM. Recent Trends in Allocation of Risk Post-Macondo: the Growing Tension Between Oil and Gas Standard Forms of Contract, and Contractual Practice. International Energy Law Review. 2017(5):174-.

      [2] Zulhafiz WM. On the Contractual Risk Allocation in Oil and Gas Projects. The Law Review. 2017(2):168-.

      [3] Nammei Luki B, Abubakar N-J. Dispute Settlement in the Oil and Gas Industry: Why is International Arbitration Important? Journal of Energy Technologies and Policy. 2016;6(4):30-.

      [4] Ross M. Dispute Management and Resolution. In: Gordon G, Paterson J, Üşenmez E, editors.: Dundee University Press; 2010. p. 632-.

      [5] Mgaya RB. Dispute Resolution in Oil and Gas Industry: International Commercial Arbitration.

      [6] Maluka AZ. Dispute Resolution in the Oil and Gas Industry. 2010.

      [7] Hoffman SL. The Law and Business of International Project Finance third edition. 3rd ed: CUP; 2008.

      [8] Waqas M. Dispute Resolution in Oil And Gas. Oil & Gas Financial Journal. 2015;12(1).

      [9] Rahman AJ, editor Developments in Arbitration and Mediation as Alternative Dispute Mechanisms in Brunei Darussalam2013 2013: University of Queensland, Brisbane.

      [10] Arbitration preferred method of dispute settlement – Conclusions from LCIA’s ground-breaking debate at Oil and Gas Sector Sympos (LCIA - London Court of International Arbitration). 2016 10//.

      [11] Martin AT. Dispute resolution in the international energy sector: an overview. The Journal of World Energy Law & Business. 2011;4(4):332-68.

      [12] Nadkarni N, Singh D. Malaysia: An Overview Of Arbitration In Malaysia. 2016.

      [13] Zulhafiz WM. A Comparative Analysis on the Enforceability of Knock-for-Knock Indemnities in Thailand and the United Kingdom. Journal of Malaysian and Comparative Law. 2017;44(1).

      [14] Schütze RA. Institutional Arbitration: A Commentary: Bloomsbury Publishing; 2013. 1200- p.

      [15] Bukhari KZ. Arbitration and Mediation in Malaysia.

      [16] Nathan RS. Arbitration procedures and practice in Malaysia: overview. 2016.

      [17] Ranai AKM. Arbitration procedures and practice in Malaysia: overview. 2011.

      [18] Cameron PD. International Energy Investment Law: The Pursuit of Stability: Oxford University Press; 2010. 499- p.

      [19] Anderson OL, Lowe JS. OGEL Special Issue: Oil Spills. OGEL. 2010;8(3):1-.

      [20] Moomjian CA, editor Drilling Contract Historical Development and Future Trends Post-Macondo: Reflections on a 35 Year Industry Career2012 2012: Society of Petroleum Engineers.

      [21] Logic. LOGIC. 2017.

      [22] Martin AT, Park JJ. Global petroleum industry model contracts revisited: Higher, faster, stronger. The Journal of World Energy Law & Business. 2010;3(1):4-43.

      [23] Franklin H. Irretrievable Breakdown? A Review of Operator/Contractor Relationships in the Offshore Oil and Gas Industry. Journal of Energy & Natural Resources Law. 2005;23(1):1-.

      [24] Zulhafiz WM. Unfair Contract Terms Act 1977: does it provide a good model in regulating risk allocation provisions in oilfield contracts in Malaysia? IntJTrade and Global Markets. 2015;8(1):3-16.

      [25] Hewitt T. An Asian Perspective on Model Oil and Gas Services Contracts. Journal of Energy & Natural Resources Law. 2010;28(3):331-.

      [26] Akhlaghi B. Lex Petrolea & International Commercial Arbitration. 4th Bi-Monthly News & Analysis of the International Law Office. 2014.

      [27] White, Case. Oil and Gas Industry Favours International Arbitration for Dispute Resolution. 2015.

      [28] Lu JJ. The emergency arbitrator: a new remedy for oil and gas disputes? Berwin Leighton Paisner. 2014:4-6.

    5. mso-fareast-font-family:Batang;mso-ansi-language:EN-US;mso-fareast-language:
    6. KO;mso-bidi-language:AR-SA'>

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  • How to Cite

    M. Zulhafiz, W., ., ., & ., . (2018). The Role of Asian International Arbitration Centre (AIAC) as a regional Hub for Oil and Gas Sector. International Journal of Engineering & Technology, 7(3.21), 345-350. https://doi.org/10.14419/ijet.v7i3.21.17185

    Received date: 2018-08-09

    Accepted date: 2018-08-09

    Published date: 2018-08-08