Cover
Half Title
Series
Title
Copyright
Contents
Detailed Contents
List of contributors
Editors' preface
Table of cases
Table of statutes and Model Form Contracts
Part I Selected Topics
Chapter 1 The Development of Knock-For-Knock Clauses in the Last 15 Years
1 Introduction
1.1 Definition
1.2 Essential meaning of a K4K clause
1.3 Historical genesis of the K4K clause
2 Issues in using, implementing and enforcing K4K clauses
3 Various uses
3.1 SUPPLYTIME 2005
3.2 Insurance and P&I clubs
3.3 Use in offshore contracts
4 Modern use

4.1 The BIMCO SUPPLYTIME 2017
5 A historical encounter of the K4K clauses in the shipping and in the offshore oil and gas sectors
6 The evolution of K4K clauses in standard contracts and in English case law
6.1 The significance of the Piper Alpha litigation
7 The contribution of other jurisprudence to the historical evolution of K4K clauses
7.1 US jurisprudence
7.2 Deepwater Horizon
7.3 Brazil
7.4 Germany
7.5 Australia
7.6 Nordic countries
the history and validity of K4K clauses from a comparative perspective
7.7 Later judicial trends
7.8 The way forward

8 Conclusive critique
Chapter 2 An Introduction to Risk Allocation in Oil and Gas Contracts From an English Law Perspective
1 Introduction
2 Indemnification and related concepts
2.1 Introduction to the concept of indemnification
2.2 Indemnity and hold harmless clauses
2.3 Mutual indemnity and mutual indemnity and hold harmless clauses
3 Indemnity and hold harmless provisions in the oil and gas context
3.1 Introduction to simple indemnity and hold harmless clauses in oil and gas contracts

3.2 Introduction to mutual indemnity and hold harmless clauses in oil and gas contracts
3.3 The rationale for a mutual indemnity and hold harmless regime in the oil and gas context
3.4 Back-to-back indemnity and hold harmless provisions in oil and gas contracts
3.5 Qualified indemnity and hold harmless provisions
4 Selected further issues in indemnification law and practice in the UKCS
4.1 Statutory control of indemnity and hold harmless clauses
4.2 The law's default settings: the normal presumptions about the distribution of risk
4.3 The position of third parties

5 Interpreting indemnity and hold harmless clauses
5.1 The traditional approach to interpretation
The general rules
Interpretation contra proferentem
Towards contextualism (and back again)
6 Some known problems of drafting and interpretation
6.1 Contra proferentem and the problem of negligence and breach of statutory duty
6.2 Words delimiting the circumstances in which the indemnity and hold harmless provision will take effect
6.3 Multi-party issues
6.4 "Full and primary"
6.5 Definitional issues
Company groups
Employees and personnel
Property