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Unilateral Action Unilateral Action
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Complaints to companies, regulators Complaints to companies, regulators
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Avoidance Avoidance
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Dominant parties Dominant parties
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Missed opportunities? Missed opportunities?
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Collaboration and Negotiation Collaboration and Negotiation
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Collaboration to build consensus Collaboration to build consensus
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Collaborative deal-building Collaborative deal-building
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Negotiation Practices Negotiation Practices
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Negotiation as a specialism Negotiation as a specialism
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Training and skills Training and skills
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Lawyers and negotiation Lawyers and negotiation
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Negotiating in teams Negotiating in teams
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18.23 18.23
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Timing of negotiation of dispute resolution options Timing of negotiation of dispute resolution options
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Assisted Collaborative Non-Binding Processes Assisted Collaborative Non-Binding Processes
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Introduction Introduction
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Consensual ADR and mediation Consensual ADR and mediation
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Mediation process Mediation process
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18.28 18.28
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Role and skills of the mediator Role and skills of the mediator
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Lawyers and mediation Lawyers and mediation
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18.31 18.31
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Methods of mediation Methods of mediation
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Institutional direction towards ADR Institutional direction towards ADR
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Civil procedures in the UK Civil procedures in the UK
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Other jurisdictions Other jurisdictions
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Processes insisted upon in particular types of dispute Processes insisted upon in particular types of dispute
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18.38 18.38
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Disputes with states or state organisations Disputes with states or state organisations
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18.39 18.39
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Concerns about ADR Concerns about ADR
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Power imbalances Power imbalances
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Non-binding nature Non-binding nature
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18.43 18.43
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Disclosure and confidentiality Disclosure and confidentiality
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Early neutral evaluation Early neutral evaluation
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Mini-trial or executive tribunal Mini-trial or executive tribunal
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Med-arb Med-arb
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Expert determination Expert determination
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Nature of the process Nature of the process
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18.49 18.49
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Scope Scope
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18.50 18.50
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Statutory adjudication Statutory adjudication
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Adjudicative Processes Adjudicative Processes
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Arbitration Arbitration
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General General
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18.54 18.54
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Process Process
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Scotland as a centre of choice for international dispute resolution Scotland as a centre of choice for international dispute resolution
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The reach of the arbitration clause The reach of the arbitration clause
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18.60 18.60
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Arbitration as an alternative to litigation Arbitration as an alternative to litigation
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Litigation Litigation
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Commercial court procedures Commercial court procedures
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18.67 18.67
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Summary trial; special case Summary trial; special case
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18.68 18.68
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Construction and Arbitration List of the Civil Court Construction and Arbitration List of the Civil Court
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18.69 18.69
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Implementation and Enforcement Implementation and Enforcement
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Dispute resolution processes after adjudication Dispute resolution processes after adjudication
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Global acknowledgement of arbitration awards Global acknowledgement of arbitration awards
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Conclusion and Future Scope Conclusion and Future Scope
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Cite
Abstract
This chapter notes that the nature and culture of the oil and gas industry have produced particular solutions in relation to dispute management and resolution. For example, the fact that delays are often extremely expensive means dispute resolution processes must be fast and efficient, while the fact that parties to disputes are usually “repeat players” rather than “one shotters” means that there is frequently a reluctance to litigate and a preference for private and flexible alternatives. The chapter considers the spectrum of responses to disputes under four headings: unilateral action; collaboration and negotiation; assisted consensual non-binding processes; and adjudication and beyond. It notes that while historically the industry has been in the vanguard as regards its willingness to explore alternative methods of dispute resolution, there is now a risk that it may be unduly tied to tried and tested approaches while the range of options has actually increased. Equally, the traditional reluctance to litigate may be being tempered as the UKCS matures and new players worry less about long-term relationships and more about enforceable remedies.
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