Exxon, Hess to face off over Chevron deal for oilfield riches
HOUSTON, May 23 (Reuters) - Top U.S. oil producer Exxon Mobil (XOM.N), opens new tab and Hess (HES.N), opens new tab will meet face-to-face on Monday in a court hearing to determine the fate of Chevron's (CVX.N), opens new tab $53 billion deal to buy Hess and with it a prized stake in Guyana's prolific oilfields.
The planned acquisition, announced in October 2023, is one of the oil industry's biggest deals in years. It is key to Chevron CEO Mike Wirth's strategy of improving the oil company's performance. Exxon and China's CNOOC (600938.SS), opens new tab, Hess' partners in Guyana, filed arbitration disputes early last year, which have delayed the deal's closing and caused Chevron to miss out on increased output and revenue.
Hess' most attractive asset is its 30% stake in the Stabroek Block off the coast of Guyana, operated by Exxon. Guyana is one of the world's fastest-growing oil producers and the Stabroek Block is estimated to hold more than 11 billion barrels of oil equivalent.
Exxon and CNOOC claim that they have a contractual right of first refusal to purchase Hess' stake in the Guyana field.
Chevron and Hess argue the clause does not apply to the sale of the whole company. If they lose the arbitration and are unable to agree on an acceptable resolution with Exxon and CNOOC, the acquisition would fail, according to the terms of the deal.
A three-member arbitration tribunal under the International Chamber of Commerce will analyze the dispute in a confidential hearing that starts on Monday in London.
The joint operating agreement in the Stabroek Block between Hess, Exxon and CNOOC is governed by UK law, according to a source familiar with the terms.
By the time the hearing kicks off, Hess, Exxon and CNOOC should have already submitted in writing the majority of the testimony that will be considered by the tribunal, according to four international arbitration attorneys who are familiar with the ICC's procedures.
A spokesperson for Hess pointed to a previous filing that said the company expects a decision after the hearing in the third quarter, while an Exxon spokesperson referred back to previous public comments about the case. Chevron and CNOOC did not respond to requests for comment.
Prior to the hearing, the companies may submit documents and written statements from witnesses or experts they have called on to support their claims in the dispute.
This phase is typically the longest portion of arbitration proceedings, often taking a year, said William Kirtley, managing partner at Aceris Law, a boutique international arbitration law firm.
The average ICC arbitration case takes over two years to reach a resolution from the time proceedings are initiated, according to the court's annual report.
Hess, Chevron and Exxon have said they expect a resolution in their dispute by the third quarter of this year, which would be about 18 months after Exxon and CNOOC initiated arbitration proceedings.
"This is relatively fast for an ICC arbitration, especially when considering the size of the dispute," Kirtley said.
"It suggests that neither party is engaging in delaying tactics to increase the duration of the case."
On Monday, each party will begin with opening statements before the arbitration tribunal.
Witnesses or experts will be cross-examined, having already submitted direct testimony to the tribunal prior to the hearing.
The arbitrators will interrogate the claims of each side of the dispute and may also ask questions of the witnesses and experts.
Hearings involving large companies or disputes are typically scheduled over the course of five days, three of the attorneys said.
Hess, Exxon and CNOOC may elect to give oral closing statements at the end of the hearing, submit a written closing statement, or both.
The arbitrators may provide a list of key points or remaining questions for the parties to address in their closing statements, two of the attorneys said.
The tribunal will formally close the hearing, after which Hess, Exxon and CNOOC will not be allowed to submit further arguments unless authorized by the arbitrators.
Two of the three arbitrators must agree on the final decision, one of the lawyers said.
While the ICC's rules of arbitration state that the tribunal must render a decision within six months, the four attorneys said the waiting game can vary greatly and the timeline may be extended in some cases.
The tribunal will send its draft decision to the ICC, which will review and approve the award before it is delivered to the parties.
Under the English Arbitration Act of 1996, parties may challenge an arbitral decision on limited grounds, such as serious irregularities, including violations of due process. While parties frequently attempt to set aside awards, such challenges are rarely successful, Kirtley said.
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As a bishop in Peru, Robert Prevost was often on the lookout for used cars that he could buy cheap and fix up himself for use in parishes around his diocese. With cars that were really broken down, he'd watch YouTube videos to learn how to fix them. That kind of make-do-with-less, fix-it-yourself mentality could serve Pope Leo XIV well as he addresses one of the greatest challenges facing him as pope: The Holy See's chronic, 50 million to 60 million euro ($57-68 million) structural deficit, 1 billion euro ($1.14 billion) pension fund shortfall and declining donations that together pose something of an existential threat to the central government of the 1.4-billion strong Catholic Church. As a Chicago-born math major, canon lawyer and two-time superior of his global Augustinian religious order, the 69-year-old pope presumably can read a balance sheet and make sense of the Vatican's complicated finances, which have long been mired in scandal. Whether he can change the financial culture of the Holy See, consolidate reforms Pope Francis started and convince donors that their money is going to good use is another matter. Leo already has one thing going for him: his American-ness. U.S. donors have long been the economic life support system of the Holy See, financing everything from papal charity projects abroad to restorations of St. Peter's Basilica at home. Leo's election as the first American pope has sent a jolt of excitement through U.S. Catholics, some of whom had soured on donating to the Vatican after years of unrelenting stories of mismanagement, corruption and scandal, according to interviews with top Catholic fundraisers, philanthropists and church management experts. 'I think the election of an American is going to give greater confidence that any money given is going to be cared for by American principles, especially of stewardship and transparency,' said the Rev. Roger Landry, director of the Vatican's main missionary fundraising operation in the U.S., the Pontifical Mission Societies. 'So there will be great hope that American generosity is first going to be appreciated and then secondly is going to be well handled,' he said. 'That hasn't always been the circumstance, especially lately.' Reforms and unfinished business Pope Francis was elected in 2013 on a mandate to reform the Vatican's opaque finances and made progress during his 12-year pontificate, mostly on the regulatory front. With help from the late Australian Cardinal George Pell, Francis created an economy ministry and council made up of clergy and lay experts to supervise Vatican finances, and he wrestled the Italian-dominated bureaucracy into conforming to international accounting and budgetary standards. He authorized a landmark, if deeply problematic, corruption trial over a botched London property investment that convicted a once-powerful Italian cardinal. And he punished the Vatican's Secretariat of State that had allowed the London deal to go through by stripping it of its ability to manage its own assets. But Francis left unfinished business and his overall record, at least according to some in the donor community, is less than positive. Critics cite Pell's frustrated reform efforts and the firing of the Holy See's first-ever auditor general, who says he was ousted because he had uncovered too much financial wrongdoing. Despite imposing years of belt-tightening and hiring freezes, Francis left the Vatican in somewhat dire financial straits: The main stopgap bucket of money that funds budgetary shortfalls, known as the Peter's Pence, is nearly exhausted, officials say. The 1 billion euro ($1.14 billion) pension fund shortfall that Pell warned about a decade ago remains unaddressed, though Francis had planned reforms. And the structural deficit continues, with the Holy See logging an 83.5 million euro ($95 million) deficit in 2023, according to its latest financial report. As Francis' health worsened, there were signs that his efforts to reform the Vatican's medieval financial culture hadn't really stuck, either. The very same Secretariat of State that Francis had punished for losing tens of millions of euros in the scandalous London property deal somehow ended up heading up a new papal fundraising commission that was announced while Francis was in the hospital. According to its founding charter and statutes, the commission is led by the Secretariat of State's assessor, is composed entirely of Italian Vatican officials with no professional fundraising expertise and has no required external financial oversight. To some Vatican watchers, the commission smacks of the Italian-led Secretariat of State taking advantage of a sick pope to announce a new flow of unchecked donations into its coffers after its 600 million euro ($684 million) sovereign wealth fund was taken away and given to another office to manage as punishment for the London fiasco. 'There are no Americans on the commission. I think it would be good if there were representatives of Europe and Asia and Africa and the United States on the commission,' said Ward Fitzgerald, president of the U.S.-based Papal Foundation. It is made up of wealthy American Catholics that since 1990 has provided over $250 million (219 million euros) in grants and scholarships to the pope's global charitable initiatives. Fitzgerald, who spent his career in real estate private equity, said American donors — especially the younger generation — expect transparency and accountability from recipients of their money, and know they can find non-Vatican Catholic charities that meet those expectations. 'We would expect transparency before we would start to solve the problem,' he said. That said, Fitzgerald said he hadn't seen any significant let-up in donor willingness to fund the Papal Foundation's project-specific donations during the Francis pontificate. Indeed, U.S. donations to the Vatican overall have remained more or less consistent even as other countries' offerings declined, with U.S. bishops and individual Catholics contributing more than any other country in the two main channels to donate to papal causes. A head for numbers and background fundraising Francis moved Prevost to take over the diocese of Chiclayo, Peru, in 2014. Residents and fellow priests say he consistently rallied funds, food and other life-saving goods for the neediest — experience that suggests he knows well how to raise money when times are tight and how to spend wisely. He bolstered the local Caritas charity in Chiclayo, with parishes creating food banks that worked with local businesses to distribute donated food, said the Rev. Fidel Purisaca Vigil, a diocesan spokesperson. In 2019, Prevost inaugurated a shelter on the outskirts of Chiclayo, Villa San Vicente de Paul, to house desperate Venezuelan migrants who had fled their country's economic crisis. The migrants remember him still, not only for helping give them and their children shelter, but for bringing live chickens obtained from a donor. During the COVID-19 pandemic, Prevost launched a campaign to raise funds to build two oxygen plants to provide hard-hit residents with life-saving oxygen. In 2023, when massive rains flooded the region, he personally brought food to the flood-struck zone. Within hours of his May 8 election, videos went viral on social media of Prevost, wearing rubber boots and standing in a flooded street, pitching a solidarity campaign, 'Peru Give a Hand,' to raise money for flood victims. The Rev. Jorge Millán, who lived with Prevost and eight other priests for nearly a decade in Chiclayo, said he had a 'mathematical' mentality and knew how to get the job done. Prevost would always be on the lookout for used cars to buy for use around the diocese, Millán said, noting that the bishop often had to drive long distances to reach all of his flock or get to Lima, the capital. Prevost liked to fix them up himself, and if he didn't know what to do, 'he'd look up solutions on YouTube and very often he'd find them,' Millán told The Associated Press. Before going to Peru, Prevost served two terms as prior general, or superior, of the global Augustinian order. While the order's local provinces are financially independent, Prevost was responsible for reviewing their balance sheets and oversaw the budgeting and investment strategy of the order's headquarters in Rome, said the Rev. Franz Klein, the order's Rome-based economist who worked with Prevost. The Augustinian campus sits on prime real estate just outside St. Peter's Square and supplements revenue by renting out its picturesque terrace to media organizations (including the AP) for major Vatican events, including the conclave that elected Leo pope. But even Prevost saw the need for better fundraising, especially to help out poorer provinces. Toward the end of his 12-year term and with his support, a committee proposed creation of a foundation, Augustinians in the World. At the end of 2023, it had 994,000 euros ($1.13 million) in assets and was helping fund self-sustaining projects across Africa, including a center to rehabilitate former child soldiers in Congo. 'He has a very good interest and also a very good feeling for numbers,' Klein said. 'I have no worry about the finances of the Vatican in these years because he is very, very clever.' ___ Franklin Briceño contributed from Lima, Peru. ___ Associated Press religion coverage receives support through the AP's collaboration with The Conversation US, with funding from Lilly Endowment Inc. The AP is solely responsible for this content.
