In upstream oil and gas disputes, parties typically enter arbitration expecting a contest over substance, geology, lease interpretation, royalty accounting, or operational conduct. Yet, when these matters move into post-award litigation, the focus often shifts in a way that surprises even experienced practitioners. The central question becomes less about who was right and more about whether the arbitrator had the authority to proceed as they did. This distinction is not merel

Upstream Disputes Series Blog Post #4 Upstream oil and gas disputes are frequently described as battles over geology, valuation, or environmental policy. In reality, many of them are decided long before those substantive issues are ever reached. They are decided on questions of forum, venue, administrative record, and standard of review. Where a case is filed. Which court hears it. What record is preserved. What deference applies. These procedural factors often shape the traj

Upstream Disputes Series Blog Post # 3 Upstream oil and gas disputes are not limited to royalty calculations and audit methodology. Increasingly, they arise from a more fundamental conflict: who controls the development of mineral estates when state regulation intersects with federally authorized leases. Recent litigation surrounding California’s 3,200-foot setback law, commonly referred to as SB 1137, illustrates this structural tension. The disputes now unfolding raise cons

Upstream Disputes Series Blog Post #2 In upstream oil and gas disputes, royalty litigation rarely turns on dramatic factual revelations. More often, it turns on methodology, transportation allowances, affiliate pricing, cost allocation formulas, index selection, and the application of regulatory caps. These disputes are not glamorous. They are highly technical, accounting-driven, and governed by complex federal regulations. Yet they frequently involve millions of dollars in e