International Dispute Resolution and Arbitration in the Oil & Gas Industry

Transcription

1 An Intensive 5 Day Training Course International Dispute Resolution and Arbitration in the Oil & Gas Industry Sep 2017, London 11-JUN-17 This course is Designed, Developed, and will be Delivered under IsO Quality standards

2 International Dispute Resolution and Arbitration in the Oil & Gas Industry Why Chse this Training Course? The likelihd of disputes arising in the oil and gas industry is high due to the various types of contractual relationships that exist. Further the costs of hydrocarbon exploration and exploitation is extremely high as are the value of oil and gas contracts and parties to a dispute need to have the necessary knowledge and skills to firstly avoid where possible the disputes and alternatively to manage the whole dispute resolution process in an efficient and effective manner. This training course provides in-depth information on the types of disputes that can arise and the several available methods of dispute resolution, which can be consensual, adjudicative or hybrid. The course further assists the participants to obtain effective skills in dispute management and conflict avoidance. Managing disputes using the most cost effective and efficient methods available would be a primary goal of the training during this course. This Dispute Resolution and Arbitration training course is designed to be highly practical and includes hands-on workshop sessions and a mock dispute demonstration. This training course focuses on the available institutional rules or the ad hoc procedures and the implications this choice may have on the outcome of the dispute. Taking into account cultural considerations specific to each dispute, the course provides training on the choice of law, seat and venue for the arbitration. This training course will highlight: The fundamental types of disputes in the Oil and Gas Industry The different methods of dispute resolution available Preference for International Arbitration over Litigation Dispute Resolution Clauses in various Oil and Gas Contracts Conciliation, Mediation and Settlement of Disputes Enforcement proceedings What are the Goals? At the end of this training course, you will: Comprehensively understand the different types of dispute resolution methods Understand the main dispute resolution clauses in international oil and gas contracts Know the available mechanisms to resolving international oil and gas disputes Be aware of the approaches to conflict, management, avoidance and settlement Be able to assess and apply the best means to resolve disputes in different potential scenarios. Who is this Training Course for? This PetroKnowledge course will benefit all levels of personnel involved in resolution of oil and gas disputes. It will enable a broad range of disciplines to appreciate and understand the complexities of conflict resolution in particular in the Oil and Gas industry, and how best to manage disputes in the oil and gas industry. This training course is appropriate to a wide range of professionals but will greatly benefit: Legal managers, legal counsel Commercial and Business managers Contracts administrators, and managers Commercial, financial and insurance professionals Project and General Management How will this Training Course be Presented? Participants will gain greater understanding of the subject matter through presentations by an experienced international practitioner designed to both inform and broaden the perspectives of the participants. Case studies will be reviewed and discussed bearing in mind some of the realistic scenarios participants may encounter. Interactive discussions to encourage discussion of problems and possible solutions to it. Participants will view different videos on dispute resolution.

3 Daily Agenda Day One: Introduction to International Disputes in the Oil and Gas Industry Competency Description: Disputes are inevitable in most oil and gas projects. A basic knowledge of the fundamentals on how disputes arise and how best to resolve them is essential know-how for all personnel involved in this area. Acquiring essential knowledge Analysing the role of dispute resolution in international contract Resolving Disputes as part of corporate strategy Key leadership and management principles needed to manage arbitrations Overview of types of disputes in the Oil and Gas Industry Contribution of the oil & gas sector to the development of arbitration Substantive/commercial issues that have arisen in recent oil & gas arbitrations Preference for International Arbitration to Litigation Neutrality of Process Party autonomy Cost Effectiveness and Speed Enforceability of the Award Confidentiality of Proceedings International Arbitral Institutions International Chamber of Commerce (ICC) International Court of Arbitration The London Court of International Arbitration (LCIA) The American Arbitration Association s International Center for Dispute Resolution (AAA) / ICDR Ad Hoc Arbitration Arbitration under UNCITRAL Rules Day Two: Dispute Resolution and Arbitration Clauses in Oil and Gas Contracts Competency Description: Properly drafted dispute resolution clauses and arbitration clauses are essential for resolving disputes without these well drafted clauses the parties can be in disarray. This skill is important for dispute resolution personnel in any company. Knowledge of the different types of dispute resolution clauses in oil and gas contracts Acquire drafting skills to include in these contracts Essential knowledge of different types of disputes in the oil and gas industry Dispute resolution clause in: Acquisition Contracts Production Sharing Contracts Joint Operating Agreements Service Agreements Charter Party Analysis of various clauses Disputes in the oil and gas sector Disputes with host governments Environmental claims Shareholder value related issues Regulatory issues Boundary Issues Trade restriction among others Breach of contracts International Dispute Resolution and Arbitration in the Oil & Gas Industry

4 Day Three: Applicable Law and Dispute Resolution Competency Description: Essential to have a working knowledge of the of the legal environment in which oil and gas contracts operates and the legal framework within which International arbitration exists. Create an awareness of the oil and gas contract environment Know the basics and framework of International arbitration The role of conciliation and mediation as part of dispute resolution process Legal Framework for International Arbitration Arbitration Agreement or Clause Arbitration Conventions and Investment Treaties Arbitration Procedural Rules National Laws National Courts Legal environment in which oil and gas contract operates: Constitution Domestic law Common law Civil law Islamic law International law Multilateral and bilateral treaties Energy charter treaty Proper law of contract Legal position of conciliation and mediation Law of arbitration Procedure of arbitration Curial law of the venue of arbitration Day Four: Various Modes of International Dispute Resolution Competency Description: Acquiring a knowledge of the many various models used to resolve dispute, in international cross border matters. Understanding sovereign immunity and how it may apply to international disputes. Understanding the principles underlying the different models of dispute resolution Appreciating the benefit of each model for any particular dispute. Gaining valuable hands-on experience of arbitration and mediation by participating in the mock mediation and arbitration during the session. Expert determination Mediation Conciliation Arbitration Ad-hoc and institutional arbitration Venue of arbitration Enforcement of award Sovereign immunity and other problems of suing foreign governments Benefits and challenges of mediation of oil and gas disputes over arbitration. Group exercise: Understanding implied waiver of Sovereign Immunity Group exercise: Mock arbitration & Mediation Day Five: Limitations of International Arbitration, Strategy, Tactics and Enforcement Competency Description: Knowing the financial costs of arbitration and the power of arbitrator and appreciating the enforcement mechanisms available for international arbitration awards. Evaluating the various aspects of arbitration, including costs and arbitrators powers Understanding the power of Managing and strategizing on arbitration tactics Able to schedule and calculate space allocation Limitations of International Arbitration Costs of arbitration Limited power of the arbitrators The difficulty of bringing three or more parties before the same arbitral tribunal Delay due to the difficulty of communication and language and inconsistency Fees and expenses of arbitrators, Substantial expenses depending on the weight of the dispute in question Litigation and arbitration: Strategy, tactics and enforcement Appointment of an arbitrator Appointment of legal counsel Making of claim and counter claim Disclosure of documents Witnesses and cross examination Injunctions and other interim orders Enforcement proceedings Identifying assets Enforcement methods Treaties Local laws relating to enforcement Problems in multiparty disputes Confirmation of final awards - the oil & gas experience Case Study: Public Policy on enforcement of awards Settlement of Disputes When to consider settlement Commencing negotiation Documentation of settlement Full and final settlement International Dispute Resolution and Arbitration in the Oil & Gas Industry

5 International Dispute Resolution and Arbitration in the Oil & Gas Industry Course Dates, Venues and Fees Sep 2017 London $5,500 This fee is inclusive of Documentation, Lunch and Refreshments Please use BLOCK CAPITALS to fill in this form. It is important that you read carefully through all information before starting to complete the form. Registration Details Family Name: First Name (Mr./Ms.): Position: Company: Mailing Address: Telephone: Mobile: Fax: Authorisation Authorisation By: Position: Company: Mailing Address: Telephone: Mobile: Fax: In-house Training Maximize your training budget and have several members of your staff, who require specific training, to attend with the advantage of not incurring additional travel costs when attending a public training courses & seminars. Would you like a PetroKnowledge training course delivered at a time or location to suit you? Would you like PetroKnowledge to tailor a course from our comprehensive library of programmes? Or would you like us to create an entirely new, bespoke course to suit the exact needs of your organisation? Working in partnership with our clients, PetroKnowledge provides an enjoyable, creative learning experience that enables participants to develop their skills and knowledge. We can deliver not only generic, off-the-shelf courses from our extensive learning portfolio, but we can provide tailored as well as bespoke learning on any aspect of skill development or knowledge. Our in-house courses are conducted by the same expert trainers who conduct PetroKnowledge public courses so you can be assured they will fulfill the learning objective of any organisation

6 Bking Terms & Conditions Bking Bkings for courses can be made via our website (petroknowledge.com) or by contacting our Registration Desk on or at reg@petroknowledge.com For on-line bkings, please select the course that you require and click on the Register Now button, following the instructions step by step Upon receipt of bking in order, enrollment on the respective training course will be confirmed by Registration Team with all necessary documentation Invoicing and Payment Our fees include course presentation, relevant materials, physical & digital documentation, lunch and refreshments served during entire training. Accommodation charges are not included in the course fees Course fees are payable upon bking unless a valid, authorized Purchase Order is provided and accepted Invoices will be sent via /courier to the ID/name and address provided We prefer to have the fees payment in our account before the start of training course. However, if your company has a different payment policy, the same should inform us in advance The currency of fees is in US Dollars (USD). Payments can be made in USD or UAE local currency AED (Arab Emirates Dirhams) either by Bank Transfer or by Credit Card. Our Bank Account details will be provided on the Invoice Please note that we do accept payment by cash, in USD or AED, only for the last minute bkings Cancellation of Courses It may be necessary for PetroKnowledge to amend or cancel any course, course times, instructors, dates or published fees due to unforeseen circumstances and we reserve the right for such changes Any amendments will be advised before the course start date and any bkings already paid in full will not be subject to increased fees Cancellation by Client Once you have completed your bking, received your confirmation of enrollment and a dated payment Invoice, you are deemed to have a contract with PetroKnowledge. You reserve the right to cancel this contract given the below terms All cancellations must be received in writing at reg@petroknowledge.com and info@petroknowledge.com at least 14 days prior to the training After the cancellation period has expired, consideration may be given, on a case to case basis, if a registered delegate nominates a substitute on the same course, shifts to next session of the course or moves to a new course For a cancellation request made on or before the statutory 14 day cancellation period, a refund may be given or a credit note issued which can be used against future course fees A 25% administration fee (of the total course fee at the time of bking) will be charged for any cancellations made outside of the statutory cancellation period Attendance Certificate The daily course schedule should be accurately followed to ensure undeterred implementation of our training All delegates, who participated in their course throughout, will receive the Certificate of Completion on the last day Please report any foreseeable absences to a PetroKnowledge representative or to your sponsors directly An absence of three (3) or more sessions of the course will invalidate your eligibility for the Certificate of Completion T: F: E: info@petroknowledge.com P.O. Box: , Abu Dhabi, U.A.E.