2014 Reports

Review Mechanisms in Natural Resource Contracts

Mandelbaum, Jacky; Swartz, Salli Anne; Hauert, John

Periodic review mechanisms, provisions in contracts that formally require parties to meet at particular intervals to review the terms of the contract or license and consider whether circumstances have changed since the parties’ initial agreement, are a mechanism that may smooth the process of dealing with inevitable changes in circumstances over the long term of extractive industries contracts. This briefing note looks at the use of such mechanisms, through reviewing existing extractive industry agreements, and considers how the requirements have been expressed to-date and their role as a tool to maintain the relationship between the parties. The Brief examines issues that can arise in practice and suggests a new approach to the drafting of these mechanisms.