Contract Drafting and Risk Management Training for Oil & Gas

Transcription

1 Oil & Gas IQ presents Jim Bergman VP of Learning & Development Contract Drafting and Risk Management Training for Oil & Gas October 2013 Aberdeen, UK Discover the very best methods in oil and gas contract drafting, negotiation and clarification Whether you are an operator or contractor, major player or SME, it is essential to ensure your contracts are as reliable as possible when settling a dispute or facing a catastrophe. Attending Contract Drafting and Risk Management Training for Oil & Gas will help you: Manage and mitigate risk through examining limitation of liability, knock for knock and termination clauses Understand the risks associated with FEED, EPC, EPCIC and EPCICM contracts Ensure your company is compliant with local content, HSE and environmental/ pollution clauses Understand the challenges in international contracts and the implications on your business Manage project delays and damages through effective contracting Develop your understanding of negotiating risk in the post-macondo era Attend and earn CPD Hours plus 12 months membership to the IACCM Training Programme

2 This training course has been specifically designed in reaction to an in-depth industry research survey carried out by Oil & Gas IQ. Having listened to the industry we will be addressing the challenges and requirements raised by legal professionals working within today s oil and gas landscape. The programme, led by the IACCM, is a truly hands-on and practical experience that will inform, challenge and equip you with the necessary skills to negotiate and build market leading oil and gas contracts. Delegates and organisations worldwide have benefitted from the training that the IACCM has offered. They understood the fundamental importance of drafting and negotiating a contract effectively in order to mitigate risk, improve a project s value and ensure its longevity. Whether you are a seasoned professional or brand new to the world of contract risk management, this course will allow you to truly understand every facet of the new contract market in which oil & gas organisations are required to work. A good & interesting seminar. - StatoilHydro About IACCM The International Association for Contract & Commercial Management (IACCM) is a non-profit membership organization first incorporated in The Association provides a global forum for innovation and collaboration in trading relationships and practices. It offers unique insights to the purpose and contribution of the contracting and relationship management process in both public and private sector. The IACCM membership currently includes representatives from more than 2,000 public and private sector organizations, typically those with large revenues, international interests and dealing with complex or high-risk contract relationships. Over 2,000 individual members in IACCM s ranks are currently in the Oil, Gas and Petrochemical sector. Meet Your Contract Risk Trainer Jim Bergman IACCM - VP Training Jim Bergman has led the development and implementation of numerous innovative contracting practices in global, leading organisations. He has twenty years of experience in commercial and procurement contract development, negotiation and management, initially as a contracts attorney for Amoco. During his career, Mr. Bergman has shared his in the trenches experiences through the development and delivery of numerous training sessions and has effectively led contract development and negotiation teams. About Oil & Gas IQ Oil & Gas IQ provides over 100 technical and strategic events across Europe, Asia, the US and the Middle East every year, educating almost 5,000 high-level executives annually. Through our website, enewsletter and conferences we seek to keep the industry in the know about the latest issues that affect your bottom line. Our members and delegates benefit from a culmination of 100% industry research and practical information and tools that solve critical everyday business problems.

3 Training Programme Each session includes case study examples and a comprehensive practical exercise Day One 21st October :00 AM Coffee & Registration Managing risk through FEED, EPC, EPCIC and EPCICM contracts Understanding the scope of the various contract formats - and the risks/benefits Mitigating the risks in the documents - both internal and external Selecting and drafting the proper contract form Drafting clauses specific to FEED, EPC, EPCIC and other similar service contracts Maximising value through drilling and wellhead services Defining value in contracting Establishing procedures of drafting contracts for maximum value Conducting contract value assessments - identification, evaluation, control methods and measures Exploiting sources of value - the SOWs, SLAs, KPIs, terms and conditions, and overall management Capturing greater contractual opportunities through multi-party and joint ventures Developing the business case to use a multi-party, or joint venture model Allocating risks throughout the parties, and contractors through effective contracting Managing change orders in a joint venture based contract Terminating the contract and dissolving the multi-party or joint venture relationship Integrating superior contracting practices into services and equipment agreements Understanding the purpose of marine and transportation contracts Ensuring delivery does not become a problem Defining the roles of the contracting professional regarding these contracts Terms and conditions of special relevance - from force majeure to acceptance testing Managing and mitigating risk: Limitation of liability, knock for knock and termination clauses Exclusions/Limitation of liability for Contractor Insurance Payment securities Supplier liability and risk assessments. Flow-down of indemnification requirements Termination for convenience provisions, retention of title and other mechanisms for protecting contractors in the event of client bankruptcy. Indemnity split between operator and contractor Indemnities under contract and their strength in real life scenarios Creating a financial advantage through financial terms and remuneration models Understanding the primary remuneration models: fixed fee, unit based and cost plus Calculating the cost attached to contract risk management Establishing a process for identifying, tracking and managing contract costs Anticipating the cost of cancellation/termination, or the non-utilisation of contracted assets 5:00 PM Close of Day One

4 Training Programme Each session includes case study examples and a comprehensive practical exercise Day Two 22nd October :00 AM Coffee & Registration Addressing requirements through variations and change orders Managing contract variation, claims and incentives Foreseeing and contractually addressing changes of circumstances through effective contracting processes Developing standard contract clauses that protect against the exceptions, such as limit of liability provisions Drafting and optimal litigation, arbitration/ mediation, force majeure and hardship clauses Ensuring external compliance through local content, HSSE and environmental/pollution clauses Defining compliance for both internal and external issues Integrating HSSE within overall contract and operational management Considering alternatives to local content provisions and strategies Understanding the impact of environmental and pollution clauses Negotiating risk in the post- Macondo era Reviewing what happened in Macondo, or Deep Water Horizon Determining whether this could happen again - under current contracting models Adapting to the post-macondo scenario through risk mitigation and risk allocation techniques Understanding how the Macondo litigation has impacted risk allocation and liability for fines and penalties Understanding the challenges in international contracts Updating current international issues which are affecting or considered as new risks in contracting Navigating the various laws and legal requirements of different countries, especially emerging markets Understanding currency exchange and tax issues Outlining entry strategies and exit strategies for the contracting professional Working with National Oil Companies Understanding the overall relationship with NOCs Defining the risks related to liabilities, indemnities, applicable law, and other provisions Complying with the NOC s contracting processes, policies and objectives Reviewing the NOCs and their contracting nuances Managing project delays and damages through effective contracting Defining the roles and responsibilities related to contract risk management Selecting the key actors and key methodologies Understanding recoverable and non-recoverable delay costs in contracts where consequential damages are excluded Utilising tools for project risk tracking and risk management. 5:00 PM Close of Day Two Start your learning experience at Visit our online download centre with industry resources such as podcasts, articles, interviews and much more. And it s all completely free to access!

5 Registration Form Contract Drafting And Risk Management Training For Oil & Gas To speed registration, please provide the priority code located on the mailing label or in the box below. My registration code is PDFW October 2013 Aberdeen, UK Please contact our database manager on +44(0) or at quoting the registration code above to inform us of any changes or to remove your details. 5 easy ways to register Web: Phone: +44 (0) Fax: +44 (0) enquire@iqpc.co.uk Post: 129 Wilton Road, London SW1V 1JZ, United Kingdom TEAM DISCOUNTS IQPC recognises the value of learning in teams. Groups of 3 or more booking at the same time from the same company receive a 10% discount. 5 or more receive a 15% discount. 7 receive a 20% discount. Only one discount available per person. Team discounts are not applicable in conjunction with another discount. Pricing and Discounts Package Two Day Course c Register & pay by 30th August 2013* Save 300 2,200 + VAT Register & pay by 27th September 2013* Save 200 2,300 + VAT Standard Price 2,500 + VAT FREE ONLINE RESOURCE You will now find a variety of resources such as articles, news, podcasts and presentations available online. Many of these features are exclusive to IQPC so visit today and learn something new for free. VENUE INFORMATION Venue: Aberdeen, United Kingdom. Venue to be confirmed ACCOMMODATION Travel and accommodation are not included in the registration fee. For updates on the venue and accommodation information, please visit Conference Code: c Tick the box if you would not like to receive 12 months membership to the IACCM, deducts 100 from the price UK VAT charged at 20%. UK VAT Registration # GB *All Early Bird discounts require payment at time of registration and before the cut-off date in order to receive any discount. 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