Law and arbitration of oil and gas disputes in Brazil and México
Autor | Orlando F. Cabrera - Eduardo Silva da Silva |
Páginas | 16-38 |
Revista Latinoamericana de Mediación y Arbitraje
[16]
INDICE
Orlando F. Cabrera & Eduardo Silva /Law and arbitration of oil and gas disputes in Brasil and Mexico
Law and arbitration of oil
and gas disputes in Brazil and Mexico1+
Orlando F. Cabrera C.2* ,
Ibáñez Parker, Mexico
Eduardo Silva da Silva3**,
Uniritter Laureate International Universities, Brazil
I - Introduction
1. One of the paradoxes of oil and gas disputes is the arbitrability of contracts in which a
party is an international petroleum company and the other a State entity, especially if the
entity is based at a Latin American country. Due to the fact that such disputes involve
alternative mechanisms of dispute resolution are preferred methods for the settlement of
disputes.
2.
of the reserves of “pre-salt” and
in the industry.
3.
pre-salt areas harmed the use
submitting to arbitration only if arbitration procedures are conducted by a committee of the
the Mexican Oil Laws which provide a wide arbitration oriented regulation.
4.
before carrying out any exploration or production of petroleum.
1 +.
2 * magna cum laude from Universidad de las
Américas Puebla and complemented his education at Université de Montréal. Contact: .
3 **
Contact:
eduardosilva2@yahoo.com.br.
Revista Latinoamericana de Mediación y Arbitraje
[17]
INDICE
Orlando F. Cabrera & Eduardo Silva /Law and arbitration of oil and gas disputes in Brasil and Mexico
II - Legal Framework of Oil and Gas
a. Petrobras, a company of superlatives
swept across the country and moved to many sectors of society, determining the creation of a private company,
4
social connotation.
6.
experience, not always understood by the external points of view.6
7.
prospecting of oil and Petrobras became the company responsible for such activities.7
8
Constitution stated the monopoly of the Union,9 for the exploration and prospecting of oil, forbidding concessions
stipulated the monopoly of the Union, over the exploration and production of oil, natural gas and hydrocarbon
4
Available at
7
8 “Constitution, government and democracy in Brasil,”
Constitution).
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