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Page 275

Index

adjudication –,

arbitration –
- agreements
- appeals –
- commencement of , –
- fees
- procedure , –

arrest and/or detention –, –,

assignment (of contractual burdens) –, , , ,

Basel Convention on the Control of Transboundary Movements of Hazardous Wastes and their Disposal, The –,

CAPEX/OPEX –,

centre of gravity (COG) –,

charterparties
- amendments –
- assignment of
- contract forms –
- definition –
- delivery into –
- design process link –
- liabilities and indemnities
- long-term charters –
- notice requirements –
- offtake and uploading
- O&M contract split
- period of –, –
- redelivery –
- short-term charters –
- structures –, –, –
- voyage charters/COAs

“conditions of use” agreements –

construction contracts
- acceptance under –, –
- commissioning –
- defects rectification –
- price and payment terms –
- provisional acceptance –
- scope of work –
- technical requirements –
- termination rights under –
- testing , –
- variations

contractual interpretation
- agreement to agree –
- doctrine of mistake –
- general rules of , , –,
- of indemnity clauses ,
- parole evidence rule
- of technical documents –
- of termination rights –
- variations to contract ,
- worked example clauses –, –

Convention on the Prevention of Marine Pollution by Dumping of Wastes and Other Matter 1972 (the “London Convention”), The –

Convention for the Protection of the Marine Environment of the North-East Atlantic (“OSPAR Convention”), The –

conversion contracts
- acquisition of vessel for –
- carry-over agreements –
- commissioning –
- delivery of vessel to yard –
- design process –
- disputes –
- vs. newbuild projects –
- pricing of –
- redelivery and sailaway
- reimbursable work –
- remeasurable work –
- target sum pricing –
- termination rights –
- unit rates –
- unpriced scope
- work process –

day rates –, –
- deductions from –
- during downtime/suspension of production –, –, , , –, –,
- during dry docking –
- excess costs –
- in case of force majeure , –
- obligation to pay in general –,

decarbonisation –, , ,

decommissioning –
- disconnection and removal –
- domestic legislation –
- EU legislation –
- international legislation –
- removal, dismantling and disposal of subsea facilities –
- reputational risks of –
- stages of
- well plugging and abandonment

defects
- case study concerning –
- compensation for
- design defects
  
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  –, , , –
- insurance for , , , , –
- late discovery of , ,
- notice of –
- rectification of –, , , , , ,
- termination for –

delay
- bad weather –
- case study (conversion) –
- charter delay ,
- concurrent delay –,
- damages for , , , , –, –, , –, –
- “delay in start-up” insurance –
- design changes , , , , –
- in invoice submission
- notification of –
- in production commencement
- in sub-contracts –,
- termination for delay , –
- to vessel arrival –, –, –, –

demurrage –,
- FDD insurance

design development process –

design disputes , –, –

design integration –
- allocation of design risk –
- handover design
- interface design
- separate hull and topside yards

design responsibility –,

detention and/or arrest –, –,

duty of good faith , –
- Braganza duty –
- relational contracts –

EU Waste Shipment Regulations 1013/2006 –

expert determination , –,

FEED (Front End Engineering Design) , –, –
- bid process –
- changes to
- intellectual property in , –, ,
- post-FEED engineering
- pre-FEED stage –

fitness for purpose , –, –, ,

flaring –, –, , , , ,

FLNG –, , ,
- charters
- offloading , –
- operational units as of 2021
- technological development
- vessels –

fluid transfer systems –

force majeure , , , –, ,
- termination for

FPSO units
- advantages and disadvantages of –
- contract structures , –
- definition –
- design and construction , –
- historical development of –
- installation and acceptance
- jackups and bottom-fixed platforms –, –
- late arrival –
- mobile production unit types –
- operational efficiency of
- power generation onboard
- production –
- production difficulties –
- regulatory compliance
- semi-submersibles –, –
- Sevan type –, –
- spar , –
- sub-contracting –
- tension leg platforms –, –
- testing of

FSRUs (Floating, Storage and Regasification Units) , –

gas compression and treatment , , , , –

guarantees
- jurisdiction
- primary or secondary obligation –
- variation of underlying contract

hire , ,
- deductions from –, –,
- performance adjustments to –,

Hong Kong International Convention for the Safe and Environmentally Sound Recycling of Ships, The –

hydrogen , ,

indemnities –
- for consequential loss –, – (see also “conditions of use” agreements)
- for demurrage –
- force majeure
- for gross negligence and wilful misconduct –
- intellectual property –,
- interpretation of indemnity clauses (see also knock-for-knock)
- personal injury/loss to life –
- pollution –
- property damage –
- third party claims –

insurance
- business interruption/loss of production income policies –
- construction all risks (CAR/WELCAR) policies –
- delay in start-up policies –
- exclusion from
- FPSO/property insurance –
- freight, demurrage and defence insurance
- hull and machinery –
- kidnap and ransom
- loss of hire
- operational liabilities
- operators’ extra expense/energy exploration and development/control of well policies –
- protection and indemnity insurance/specialist operations –
- strike insurance
- upgrades, life extension works and/or modifications –
- war risks

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intellectual property
- background/foreground IP –
- confidential information/trade secrets etc. –
- copyright
- design registration
- infringement –
- insolvency of IP licensor –
- licensing of –
- licensing alternatives
- patents
- trade marks

invoicing –
- procedures –
- risks in failing to follow procedure
- time bars –

knock-for-knock , , , , ,

liability
- for condition of vessel for conversion –
- for consequential loss –
- decommissioning –
- for design inaccuracies , –
- no-fault regime –
- to sub-contractors
- for termination consequences

liens ,
- contractual liens –
- waiver of –

limitation of liability
- caps on liability , –
- for consequential loss –
- for downtime –
- for personal injury/loss of life –, –
- for pollution –
- for property damage –
- time bars
- for wreck removal –

liquidated damages , –
- carry-over agreements –
- for concurrent delay
- delay to acceptance tests –
- delay to arrival at site –
- delay to production/off-loading ,
- late arrival at field –
- for off-spec product –

litigation (English High Court) –

local regulations, compliance with –, , –,

logic contracts , ,
- decommissioning , –
- indemnity clauses
- well plugging and abandonment

LPG
- floating LPG offtake –
- floating LPG production

maintenance allowance –, –

malus , , ,

mediation –, , ,

mooring systems
- changes to
- commissioning phase of
- design of , –
- development of technologies –
- disconnectable mooring systems ,
- expense of
- functions of –
- intellectual property in
- limits on excursions
- location of ,
- mooring methods
- operation of
- removal from field ,
- spread mooring , , ,
- tandem mooring –,
- turrets , , –
- weathervaning , –, , ,

mortgages , –, ,

non-payment claims –

novation –, ,

offloading/offtake –, –, , –
- capability , –
- DES sales
- equipment –
- FOB/CIF sales
- key considerations –
- LPG and LNG offloading –
- offtake vessels –
- performance –,
- problems –
- production targets –
- quality –
- via remote loading buoy
- responsibility for operations , –
- scheduling –
- short-loading –
- from spread-moored FPSO –
- suspension of offloading –
- to tanker
- tests
- from weathervaning FPSO –

oilfields
- inspectorate
- operator
- ownership of –,
- proportion of gas in

operation and maintenance (O&M) contracts , –, , , ,
- intellectual property –,
- remuneration –
- split with charter , –, ,
- termination of

Petroleum Act 1998, The , –

pollution , , –, , , , –
- insurance against –, , , ,

preliminary design work –, –, , , –, –,

purchase options , –

reservoir characteristics , ,

sailaway , , –
- transportation to field –

Ship Recycling Regulation 1257/2013 , –

stand-by rate , , , , –,

subcontracting , –, ,
- acceptance
- claims –, –
- design , , –, ,
- disputes , , –
- indemnities ,
- intellectual property –
- legal nature of a sub-contract –
- risk/responsibility allocation –, –, , –, , ,
- step-in rights –

terminal conditions of use (COU) ,

termination –
- case studies –
- of charterparty –, , , –, ,
- common law rights of –
- for convenience –
- of conversion contracts –
- for default –
- for delay , –, –, ,
- disadvantages of –
- effect on other contractual terms –
- express rights of –
- for force majeure ,
- of IP licence
- for late arrival –
- loss/retention of termination rights , ,
- other effects of –
- for production difficulties –
- and redelivery
- restriction on termination rights –

tiered dispute resolution options –

topsides
- centre of gravity –
- commissioning of –
- decommissioning of –
- definition and purpose –
- design integration and risk –, –, ,
- installation of ,
- intellectual property in
- separation and separators
- weight of , , ,
- yards –

turn-key obligations under charter ,
- of construction yard ,
- in conversion contract
- of FP Contractor , , , ,

United Nations Convention on the Law of the Sea (UNCLOS) –

variations to contract –, –
- additional consequences of –
- case study –
- change order documents –
- clauses –
- in construction contracts
- in conversion contracts , , –
- disputes –
- entitlement to make a change –
- entitlement to suspend work pending design re-assessment –
- mechanism –, ,
- negative variation orders
- other types of variations –
- post-delivery variations –
- preferential design changes –
- pricing of –, –
- time limits , –, –
- variation orders ,
- variation proposals –, –
- variation requests –

warranties
- change of yard
- design warranties –, , –,
- fitness for purpose , –, –, ,
- intellectual property , –
- performance , ,
- post-delivery warranties , , , , , –

Waste Framework Directive 2008 –

water injection , , , , , ,

wind farms , ,

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