Stabilisation and Renegotiation Clauses in Production Sharing Contracts: Examining the Problems and Key Issues
OPEC's Monthly Oil Market Report (May, 2011) depicts that the price of OPEC's Reference Basket increased in April, 2011 by about $8.25 compared to March, 2011 and by $35.76 from a year earlier. The Nymex WTI and ICE Brent contracts also witnessed their highest prices since the global financial crisis of 2008. Oil producers like Nigeria are not just on the verge of a national petroleum industry 'legal revolution' in its quest to ensure maximum benefits accrue from oil and gas resource exploitation, but as overtime found itself in politically and economically unacceptable position as parties to Exploration and Production arrangements with investing Oil Companies.Russia, Venezuela, Bolivia etc. have also been earmarked as producers that consistently engage in petroleum contract reviews and nationalisation to ensure petroleum arrangements yield maximum benefits for the State. Following this background and coupled with the unique attributes of Production Sharing Contracts as a preferred option for arranging upstream petroleum operations, this paper essentially seeks to examine the assertion that- there is no absolute 'contractual security' for contracting parties. By highlighting relevant problems and issues, especially in countries like Nigeria, it points out that contractual instruments like stabilization, renegotiation and adaptation clauses can at best guide and not freeze-up relationship and cooperation inter vivos, towards contractual efficiency. This paper examines the use and legal implications of stabilisation and renegotiation clauses in production sharing contracts (PSCs) in the petroleum industry, especially as a means of guaranteeing contractual security. It identifies relevant issues and comments on problems arising from the use of these clauses in guiding the relationships of parties, especially as contractual instruments for risk management.
Evaluation of True Government Take under Fixed and Sliding Royalty Scales in Nigerian Oil Industry
Fiscal regimes are very important in the global Petroleum Exploration and Production (E&P) industry. They sharpen policies, management strategies and revenue (take) by governments while defining the attractiveness of the industry to investors. One of the major parameters in fiscal regimes is royalty oil, which could be fixed or adjustable on a sliding scale. Nigeria, which has used fixed royalty scale since the first oil in 1958, is now proposing a change to the sliding royalty scale method within a general review of the country's fiscal regime terms. This study investigated the impact on Government take of a change to sliding royalty in both Joint Ventures (JV) and Production Sharing Contract (PSC) arrangements. Generalised cash flow models to evaluate true government take were developed under conditions of royalty scales based on either or both oil price and volume of production. The results show that government take under sliding royalty scale rates compared favourably with take under fixed royalty rates. However, sliding royalty rates calculated based on both oil price and volume of production yield higher government take than those based on either volume of production or price of oil alone.
Application of the Kano Model for a Better Understanding of Customer Requirements in Higher Education—A Pilot Study
Various pieces of information and knowledge turn into “know-how” simply by their application in the market. This applies to all spheres of activities. It is therefore important to know and understand the requirements of customers already in the stage of making a product, and to confront these with the possibilities of a producer. In this article we are exploring the possibilities of a better understanding of the requirements of customers and stakeholders in the process of the creation of products in educational services. In particular, we examined seven general requirements: practice orientation, ethical orientation, research orientation, quality resources, innovation orientation, skills orientation, and quality staff. We use the Kano model on a pilot sample of respondents at an institution of higher education. Our results showed that “practice orientation” and “quality resources” are the most stable requirements, while “quality staff” is the least stable. The most linear requirement (the same effect on satisfaction and dissatisfaction) is “innovation orientation”. “Research orientation” belongs to attractive requirements and we also found that in the case of “ethical orientation” there are weak relations between positive and negative responses in our survey. The “skills orientation” proved to be too general, and our research shows that it could be indifferent. It is therefore advisable to specify the investigated skills when investigating requirements on educational services. The main contribution based on the proposed research procedures is an effective linking of customers and producers already from the beginning of constructing a value chain. Investing in sophisticated management approaches when modelling products and processes can thus become a significant source of the competitive advantage of an educational institution. At the same time, it is a contribution to better placing of its graduates in the labor market.