Parties to the JOA often devote a significant portion of their negotiating time to the consequences of a default, particularly the inability of a party to complete a cash appeal. That is why the drafting committee of the 2012 JOA has paid particular attention to this area. The main changes to the 2012 JOA relate to corrective measures in the event of a failure. Recovery, which is a means of omission in the 2002 JOA and the 2012 JOA, may be unenforceable in some legal systems (for example.B. it can be argued that the loss of all participating interest may constitute a penalty under English law). The 2012 JOA provides for a „use“ clause as an alternative. As a result, a non-failing party may have the opportunity to require the defaulting party to assign a portion of the defaulting party`s participation in the corresponding area of use. As a corrective measure, the „rejection clause“ is more proportionate than total forfeiture, as it is measured by the magnitude of the delay, and therefore seeks to avoid over-removal problems through „disproportionate“ measures. The new remedy also offers continuity, since the failing part can remain in the rest of the project. The Association of International Petroleum Negotiators (AIPN) joint operating agreement (JOA) model was first adopted in 1990 and has been the subject of a series of subsequent revisions. It is the most widespread (although not always the most popular) common enterprise agreement in international conventional oil and gas projects today. The AIPN has published revised guidelines on the 2012 JOA (guidelines). Given the widespread use of joA, these indications contain guidelines for the use and modification of the JOA for use in a civil jurisdiction, unlike a common law jurisdiction.
The guidelines also indicate that the 2012 JOA is not suitable for the use of unconventional oil projects (for example. B of coal and shale gas). For example, the provisions relating to exclusive operations revolve around concepts of oil structure that generally do not apply to unconventional oil projects and cannot be easily translated. There is a separate set of guidelines for adapting the AAA for use in the Australian context. The guidelines contain a proposed language for setting up an integrated project team. An integrated project team is made up of representatives from all parties (or all parties with an interest in participation above a specified threshold) and the scope of its work must be defined in the JOA.