Contracting Risk in the Oil and Gas Industry: A Comparative Legal Study of Malaysia, the UK, and the US
Title:
Contracting Risk in the Oil and Gas Industry
Subtitle: A Comparative Legal Study of Malaysia, the UK, and the US
Subject Classification:
Law and Legal Ethics, Energy, Global South Studies
BIC Classification: LA, KNB
BISAC Classification:
BUS070040, LAW021000, LAW016000
Binding:
Hardback, eBook
Planned publication date:
Feb 2026
ISBN (Hardback):
978-1-83711-583-9
ISBN (eBook):
978-1-83711-584-6
e-books available for libraries from Proquest and EBSCO with non-institutional availability from GooglePlay
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Description
This book critically examines how contractual risks are allocated in oil and gas service contracts and whether the legal frameworks in Malaysia, the UK, and the US uphold fairness and accountability in the upstream energy sector. The book integrates doctrinal, empirical, and comparative methodologies to identify systemic imbalances in risk allocation, particularly affecting contractors in emerging markets.
Focusing on indemnity and hold harmless clauses, the study explores legal principles, industry practice, and the implications of unequal bargaining power. It provides a comparative analysis of the voluntary knock-for-knock regime in the UK, statutory protections in Texas and Louisiana, and the absence of a comprehensive framework in Malaysia. The author proposes bold reforms for Malaysian law, including the enactment of a Malaysian Oilfield Anti-Indemnity Act, modeled on U.S. experience but adapted to the Malaysian context.
This book will appeal to scholars of energy law, contract law, and governance; legal practitioners in the oil and gas sector; corporate counsel; and policymakers seeking equitable reform in commercial contracts. It is especially relevant to the Global South, where oil and gas development often occurs in the shadow of regulatory gaps and power asymmetries.
Biography
Author(s): Wan Mohd Zulhafiz bin Wan Zahari is an Associate Professor at the Ahmad Ibrahim Kulliyyah of Laws (AIKOL), International Islamic University Malaysia (IIUM). He holds a PhD in Oil & Gas Law (University of Aberdeen), an MBA in Energy Management (Universiti Teknologi PETRONAS), an LLM in Corporate Law (Universiti Teknologi MARA), and an LL.B (Hons) from IIUM.
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