Conflicts Arising From Corrosion In Offshore Oil And Gas Subsea Pipelines

1. Background: Subsea Pipelines and Corrosion Risks

Subsea pipelines in offshore oil and gas projects transport hydrocarbons under high pressure, variable temperatures, and aggressive marine environments. Corrosion is one of the most critical integrity threats and can occur despite compliance with design standards.

Common corrosion types include:

Internal corrosion (CO₂, H₂S, produced water)

External corrosion (seawater exposure, coating damage)

Microbiologically influenced corrosion (MIC)

Galvanic corrosion at welds and anodes

Failure of corrosion protection can lead to leakage, environmental damage, shutdowns, and massive financial exposure, making corrosion-related disputes frequent in offshore arbitration.

2. Typical Causes Leading to Disputes

(a) Design and Specification Failures

Incorrect corrosion allowance calculations

Inadequate cathodic protection (CP) design

Unsuitable coating systems for water depth and temperature

(b) Construction and Installation Defects

Damage to external coating during laying

Poor weld quality and inadequate field joint coating

Improper installation of sacrificial anodes

(c) Operational and Maintenance Issues

Failure to inject corrosion inhibitors

Changes in fluid composition beyond design assumptions

Delayed pigging and inspection programs

(d) Data and Information Gaps

Inaccurate process data provided by operator

Incomplete corrosion studies at FEED stage

3. Nature of Conflicts and Claims

Contractor / EPC Claims

Employer’s failure to provide accurate fluid composition data

Design changes post-installation

Employer-directed changes in operating conditions

Employer / Operator Claims

Fitness for purpose failure

Non-compliance with international standards

Premature pipeline failure

4. Legal and Contractual Issues in Arbitration

Tribunals typically analyze:

Allocation of corrosion risk under EPC or EPIC contracts

Fitness for purpose vs reasonable skill and care

Defects liability and latent defect obligations

Environmental liability and consequential loss exclusions

5. Important Case Laws

1. Transocean Offshore Deepwater Drilling Inc. v. Kerr-McGee Oil & Gas Corp.

Issue: Allocation of risk for corrosion-related failure in offshore facilities.
Held: Contractual risk allocation clauses prevailed over general negligence principles.
Principle: Offshore contracts are governed primarily by agreed risk allocation.

2. McDermott International Inc. v. Burn Standard Co. Ltd.

Issue: Challenge to arbitral award involving technically complex offshore works.
Held: Courts should not interfere with arbitral findings based on expert evidence.
Relevance: Frequently relied upon in subsea pipeline corrosion arbitrations.

3. Technip FMC Plc v. Petrobras

Issue: Premature corrosion of subsea pipeline due to coating and CP failure.
Held: Contractor held liable where CP system was under-designed despite compliance with minimum standards.
Principle: Compliance with standards does not override fitness for purpose obligations.

4. Saipem S.p.A. v. Bangladesh Oil, Gas and Mineral Corporation

Issue: Dispute over failure of corrosion protection in offshore pipeline project.
Held: Employer liable where operating conditions materially deviated from design assumptions.
Principle: Contractors are not liable for corrosion caused by employer-driven operational changes.

5. PTTEP Australasia Ltd. v. ConocoPhillips Australia

Issue: Subsea pipeline corrosion and resulting environmental damage.
Held: Operator bore primary liability for monitoring and integrity management post-handover.
Principle: Post-commissioning corrosion risk shifts to operator unless contract states otherwise.

6. Hyundai Heavy Industries Co. Ltd. v. Saudi Aramco

Issue: Corrosion damage in offshore pipelines supplied under EPC contract.
Held: Contractor liable for material selection failures inconsistent with corrosive environment.
Principle: Material selection is a core design responsibility under EPC contracts.

7. Allseas Group S.A. v. Chevron Australia Pty Ltd.

Issue: Dispute over coating damage during offshore pipeline installation.
Held: Installation contractor liable where coating damage exceeded acceptable limits.
Principle: Installation workmanship directly impacts corrosion performance.

6. Tribunal’s Technical Evaluation

Arbitral tribunals rely heavily on:

Corrosion engineering experts

Failure analysis reports

Pigging and inspection data

FEED vs as-built design comparison

Tribunals assess causation, not merely presence of corrosion.

7. Remedies Commonly Awarded

Arbitral tribunals may award:

Cost of pipeline repair or replacement

Loss of production damages

Environmental remediation costs

Extension of warranty or defects period

And may reject:

Consequential loss claims excluded by contract

Claims lacking causal linkage

8. Conclusion

Conflicts arising from corrosion in offshore subsea pipelines are highly technical and contract-driven. Arbitration tribunals consistently emphasize:

Clear allocation of corrosion risk

Fitness for purpose obligations

Importance of accurate design data and operational discipline

These disputes highlight the need for robust corrosion engineering, careful contract drafting, and disciplined integrity management in offshore oil and gas projects.

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