Periodic contract review mechanisms, which are provisions in contracts that formally require parties to meet at particular intervals to review the terms of the contract, are mechanisms that may facilitate the process of negotiating contractual changes to accommodate changing circumstances over the term of extractive industries contracts. Through the review of existing extractive industries agreements, this article considers how such review mechanisms have been incorporated into existing contracts and the use of such mechanisms as a tool for maintaining good relationships between the parties. In addition, the article suggests a new approach to the drafting of these mechanisms by negotiating objective criteria to be incorporated into the contract at the commencement of the contractual relationship in order to facilitate the timing and parameters of contract renegotiation when certain triggers occur.
Jacky Mandelbaum, Salli Anne Swartz & John Hauert,
Periodic Review in Natural Resource Contracts,
J. Sustainable Dev. L. & Pol'y
Available at: https://scholarship.law.columbia.edu/sustainable_investment_staffpubs/115
Agriculture Law Commons, Dispute Resolution and Arbitration Commons, International Law Commons, Land Use Law Commons, Natural Resources Law Commons, Oil, Gas, and Mineral Law Commons, Securities Law Commons, Transnational Law Commons