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Court of Appeal rules in favour of ExxonMobil, overturning 2023 unlimited liability order

The Guyana Court of Appeal has ruled in favour of ExxonMobil Guyana, overturning a 2023 High Court order that had required the company to provide an unlimited financial guarantee against potential oil-spill liability in the Stabroek Block. The decision, picked up by Demerara Waves and OilNOW, removes one of the most consequential legal constraints the company has faced since beginning offshore production.

The 2023 order was issued in a case brought by environmental advocates, who argued that the existing parent-company guarantee was inadequate given the scale of potential damage from a Stabroek Block spill. The High Court agreed and ordered an unlimited indemnity backstop. ExxonMobil appealed, citing standard industry practice and the architecture of the production-sharing agreement. The Court of Appeal has now sided with the operator.

For environmental advocates and for the legal community, the ruling is a setback that will likely be tested further. The case touches the foundational question of how a small developing-economy state structures liability protection against an operator whose offshore output now approaches one million barrels per day, in waters whose ecological recovery from a major spill would be measured in decades. The reasoning in the Court of Appeal judgment will be parsed closely by every party. Whether the ruling is appealed further to the Caribbean Court of Justice is the next decision point. For ExxonMobil, the immediate effect is regulatory clarity. For Guyana, it is a sharper question about who bears the residual risk.

Source: OilNOW; Demerara Waves Online News, May 12–13, 2026.

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