Expertise / Oil, Gas & Commodities
Oil and gas expert witnesses
Upstream, trading and commodity contract evidence for international disputes.
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Oil, gas and commodity disputes are usually international, usually arbitrated, and usually turn on what a reasonable operator or trader would have done. Our experts cover the chain from reservoir and upstream economics through to physical trading, shipment and risk management.
In oil, gas & commodities, the difference between a strong case and a weak one often comes down to whether the expert truly understands the sector. Generalist opinion rarely survives scrutiny on specialist questions, and a tribunal gives little weight to evidence that misreads how oil, gas & commodities actually works. We focus here precisely because the issues are technical, the stakes are high, and the wrong expert is an expensive mistake.
What instructing through us looks like
Tell us the issues, the forum and your timeline. We check fit, availability and conflicts, then send a short, honest shortlist. You review CVs and speak with the expert before instructing. New to the process? See our guide on how to instruct an expert witness.
Enquire
Tell us about your oil, gas & commodities matter
Describe the issues and the forum. We check fit, availability and conflicts, then come back with a short shortlist. Enquiries are confidential and create no obligation.
- Tell us the matterShare the issues, the sector and your timeline. No obligation, treated in confidence.
- We shortlistWe identify experts whose experience genuinely fits, and check availability and conflicts.
- You instructYou review CVs and speak directly with the expert before instructing on your terms.
What these disputes actually turn on
Upstream disputes are mostly arguments about what a reasonable operator would have done with the information it had at the time. Joint operating agreement claims turn on the operator's standard of conduct, often expressed as a gross negligence or wilful misconduct threshold, and on sole risk, non-consent, cash call and default provisions. Farm-in and sale disputes turn on reserves representations and valuation. Gas sales disputes turn on price review and take-or-pay. Physical trading disputes turn on the contract terms, the quantity and quality of the cargo at load and discharge, and market practice.
The recurring trap is hindsight. A tribunal will assess an operator's decision on the seismic, well and production data available when it was made, not on what later drilling revealed. An expert whose analysis quietly relies on later knowledge will be exposed on it in cross-examination.
What the expert will examine
- Technical data — seismic interpretations, well logs, reservoir models and the field development plan as approved.
- Joint venture governance records — operating committee minutes, AFEs, cash calls, work programmes and budgets.
- Reserves reports — and the classification system they were prepared under.
- Production and facilities data — decline curves, uptime, downtime and the causes recorded at the time.
- Trading documents — contracts and general terms, nominations, bills of lading, independent inspection certificates at load and discharge, and price assessments as published at the time.
- Regulator correspondence — consents, development approvals and any enforcement or decommissioning direction.
Reserves figures are only comparable when they are prepared on the same basis. A volume described as proved plus probable under one classification is not necessarily the same quantity under another, and confusing the two is one of the quickest ways to lose a valuation argument.
What the report has to address
The report is measured against the contract's own standard of conduct, frequently drafted on one of the AIPN model forms, against the reserves framework the parties used (most often SPE-PRMS), and against industry practice as shown by contemporaneous documents rather than by assertion. On quantum it must set out a counterfactual explicitly: the development plan, production profile, price deck, costs and discount rate the claimant says should have applied, and why.
Most of these matters are arbitrated under ICC, LCIA or SCC rules, often with experts giving evidence together in conference so the tribunal can test points of disagreement directly. An expert who has not been through that process should be prepared for it.
The disciplines, and when each is needed
- Petroleum and reservoir engineer — reserves, recovery, development decisions and production forecasts.
- Geoscientist — seismic interpretation, prospectivity and the quality of the technical case at the time.
- Petroleum economist — field valuation, fiscal regimes and the counterfactual on quantum.
- Drilling and operations engineer — well operations, operator conduct, incidents and decommissioning.
- Commodity trader or market expert — physical trading practice, shipment, hedging and price risk.
- Gas contracts specialist — price review, take-or-pay and LNG supply terms.
Five questions worth asking before you instruct
- Have they worked for an operator on comparable assets, in a comparable basin and setting?
- Do they work under the same reserves classification as the documents in dispute?
- Can one expert cover both the technical question and the valuation, or do you need two who agree a common basis?
- Have they given evidence in international arbitration, including in expert conferencing?
- Which operators, partners, national oil companies and contractors have they worked for? The industry is small and conflicts surface late.
Why oil and gas evidence gets discounted
Three failures recur. The analysis relies on hindsight. The valuation rests on technical assumptions the reservoir expert does not support, so the two reports undermine each other. Or the report asserts what industry practice is without the documents to show it, which leaves the tribunal with an opinion it cannot test.
Key authorities and further reading
- AIPN model contracts — the model JOA and related forms many contracts follow
- SPE Petroleum Resources Management System (PRMS) — the standard framework for classifying reserves and resources
- North Sea Transition Authority — the UK regulator for offshore oil and gas licensing and consents
- ICC Arbitration Rules 2021 — rules for most international upstream disputes
- LCIA Arbitration Rules 2020 — London-seated international arbitration
- Arbitration Act 1996 — the law governing arbitrations seated in England and Wales
- CPR Part 35: Experts and Assessors — the expert's overriding duty to the court
- Kennedy v Cordia (Services) LLP [2016] UKSC 6 — the Supreme Court on when expert evidence is admissible
Coverage
Areas we cover in oil, gas & commodities
FAQ
Common questions
What does an Oil, Gas & Commodities expert witness do?
A Oil, Gas & Commodities expert witness gives independent, objective opinion to a court or tribunal on specialist issues within oil, gas & commodities. The overriding duty is to the court, not to the instructing party. That opinion typically takes the form of a written report and, where required, oral evidence.
When should I instruct an Oil, Gas & Commodities expert?
As early as the issues become clear. Instructing early helps you weigh the strengths and weaknesses of a case, scope the evidence proportionately, and avoid a rushed report against a looming deadline.
How do you choose your Oil, Gas & Commodities experts?
We select on substance: relevant qualifications, genuine oil, gas & commodities experience, and an understanding of an expert's duties in litigation and arbitration. Where an expert has limited experience of giving evidence, we say so.
Can you provide experts for international arbitration?
Yes. Most oil, gas and commodity matters we see are arbitrated rather than litigated, and our experts in this sector are experienced in producing reports and giving evidence under ICC, LCIA and LMAA procedures.
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