Oil & Gas Contracts Drafting, Negotiation & Dispute Resolution Excellence 2018, DubaiDate: 11th to 13th July 2018, Bangkok, Thailand
With the increasing number of oil & gas cross-border transactions, understanding how to negotiate, draft and interpret the terms of international business agreements plays a vital role in achieving successful deals. In particular this can also be the first step in order to avoid long and ruinous disputes, and subsequent expensive and complex litigation and arbitration proceedings.
This practical course will first examine the principles of international contract law, with specific reference to the oil & gas industry, using as a basis some standard of EPC Engineering Procurement and Construction Agreement, PSA Production-Sharing Agreement, License-Concession Agreement, Joint-Venture Agreement, and more in general exploring today’s internationally accepted commercial contracts principles. It will investigate the single issues of the contracts in order to understand in detail what it is typical of the oil & gas industry and how to negotiate efficiently any of their material issues. It will include best practice tools, tips and techniques on all key elements that are essential when drafting, negotiating and interpreting oil & gas and international contracts.
The course will also cover both theoretical and practical aspects of the management of oil & gas disputes. It will investigate how to prevent litigation and the ADR (Alternative Dispute Resolution) processes, including early neutral evaluation and expert determination. In particular it will focus on mediation and arbitration. It will investigate topics such as mediation and arbitration agreements, early case assessment and settlement considerations, mediation suitability, timing and preparation, the start of arbitration proceedings, the setting up of arbitral tribunals, issues related to jurisdiction, procedure, and mediation cases and arbitral awards. It will provide participants with a very practical understanding of how to conduct a mediation and an arbitration, and the skills required to conduct it with successful achievements. A particular focus will be on comparing the different approaches and peculiarities of various laws when dealing with procedural issues, such as documents discovery and experts. This course will also discuss the pros and cons of addressing a dispute to “special courts” such as DIFC Dubai International Finance Centre courts and SICC Singapore International Commercial Court, which are growing visibility and importance in today’s litigation world.
The class will be structured to optimize interactivity, using presentations/slides, continuous dialogue with the class (including the “cold call” questioning strategy), along with analysis of some concrete commercial and court cases.
At the end of this unique course, participants will gain the following:
- Understand the main elements of oil & gas contracts, including materials from international practice, agreements, judgments and other documents.
- Gain insights into the way oil companies and contractors view and negotiate oil & gas agreements.
- Know the specialized concepts and terminology related to oil & gas contracts and with the specific English legal language.
- Understand the single details of the typical oil & gas contracts, in order to know how to address and negotiate efficiently any of their material issues.
- Acquire skills and techniques to negotiate these contracts and find the best and most efficient way to solve any potential and actual dispute.
- Get a clear understanding of the ADR Alternative Dispute Resolution processes, how they work and how they can be implemented successfully.
- Understand the basic elements of international and domestic arbitration, including doctrine and materials from international practice, cases and awards.
- Be entirely familiar with the steps of arbitration proceedings and how in-house counsel and other party representatives can contribute to successfully manage a case.
- Recognize the international institutions and organizations (like for instance the CPR International Institute for Conflict Prevention and Resolution, the ICC International Chamber of Commerce, the LCIA London Court of International Arbitration, the UNIDROIT International Institute for the Unification of Private Law and the UNCITRAL United Nation Commission on International Trade Law) that influence and determine the structural context in which the management of international disputes operates.
- Understand if and why to address an investment dispute to the ICSID International Centre for Settlement of Investment Disputes, the litigation institution of the World Bank.
- Discuss the increasing role of “special courts” such as DIFC Dubai International Finance Centre courts and SICC Singapore International Commercial Court.
- Understand the increasing importance that compliance is acquiring in the oil & has industry and why tools like due diligence and similar are more and more used when developing international relations.
- Gain insights into Corporate Social Responsibility, and the reasons of its increasing materiality for all oil & gas stakeholders, such as governments, oil companies and contractors.
- Be ready to transfer and deliver to their colleagues a number of tips, suggestions and techniques acquired during this course.
All those involved in exploration, production, purchase, transportation, product treatment and sales, including:
- Contract Negotiators / Commercial Managers
- Government Officials and Regulators
- Project Contract Negotiators / Commercial Managers
- Project Owners / Sponsors
- Senior Engineering & Project Managers
- Operation Managers
- Financial Controllers
- Strategists, planners and analysts
- Gas sales and marketing executives
- Financiers
- Asset managers
- E&P professionals and managers
- Petroleum Engineers
- Reservoir Engineers
- Buyers, Sellers & Distributors
- Traders
- Services Sector providers
- Auditors
- Consultants, Advisers and Legal
To know more about the workshop