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Int'l consultant gives opinion on Shell, Petrobangla dispute

STAFF CORRESPONDENT
An international consultant gave its opinion on Monday to settle a dispute between Petrobangla and Shell Oil over a claim by Shell that Petrobangla owes it US$38 million.
The opinion came after a month of delay.
However, both Shell and Petrobangla officials declined to make any comment saying that the texts of the opinion were 'yet to be interpreted'.
Chairman of Petrobangla Syed Sajedul Karim said, "We cannot comment on it because this needs to be sent to our legal consultant for interpretation."
A Petrobangla source said the opinion seems to have favoured both Shell Oil and Petrobangla in some way or the other. Petrobangla may have to pay a portion of the amount Shell's claimed, he said without elaborating.
A Shell high official said, "It would not be wise to comment on the consultant's opinion right now. We are scrutinising it."
However if any of the disputing parties find the consultant's opinion unacceptable, they may go for legal arbitration, sources said. But the Petrobangla chairman said, "We are hoping that this issue would be settled amicably."
The two parties sought the opinion of the Houston-based consultant John Burns earlier this year as a third party mediator since they could not agree over each other's point of views.
According to a Shell high official, since Shell-Cairn began supplying Sangu gas in mid-1998, Petrobangla began deducting eight per cent of the oil companies' monthly bill as charge for their using eight kilometre of the local gas pipeline for the gas supply.
Shell-Cairn argued that the eight per cent deduction was exorbitant and unacceptable. It asked Petrobangla to 'rationalise' the pipeline rental charges, which Petrobangla did not agree with. The oil companies then sought international mediation.
The oil companies calculated that through the deduction Petrobangla has 'deprived' them $38 million in payment.
Shell-Cairn was contractually obligated to set up this pipeline. But to fulfil the prime obligation for meeting the deadline for Sangu gas production, the oil companies launched their gas production using
the local pipeline belonging to the Bakhrabad Gas Transmission Systems.
John Burns, the consultant, also gave an opinion on another allegation of Shell Oil that Petrobangla has violated an agreement by not purchasing 160 million cubic feet per day (mmcfd) of gas. It said Petrobangla purchased around 128 mmcfd gas, and in the process slowed down Shell's recovery of investment.