ICDR /AIPN Conference: Dispute Resolution in the International Oil & Gas Business

Transcription

1 Association of International Petroleum Negotiators ICDR /AIPN Conference: Dispute Resolution in the International Oil & Gas Business October, 2014 Sheraton Eau Claire Hotel Calgary, Alberta, 15 OCTOBER, :30 Reception BD&P Burnet, Duckworth & Palmer LLP Law Firm Suite 2400, 525-8th Ave SW Calgary, AB T2P 1G1 8:30-9:00 Registration and Refreshments 9:00-9:15 Opening Remarks Tim Martin, Conference Chair Richard W. Naimark, Senior Vice President, AAA & ICDR John Bowman, President, AIPN 9:15-10:30 Session One: Lex Petrolea The conference begins with a history of the most significant issues disputed in the international oil and gas business. Speakers will present an overview of the leading cases of the last 50 years, focusing on the oil and gas disputes that contributed to the development of international law and established a Lex Petrolea that now is applicable in the international energy sector. * John Bowman, Partner, King & Spalding; Houston, * Professor Rudolf Dolzer, Director, Institute for International Law; Bonn, Germany * Tim Martin Senior International Counsel, Blakes; Al-Khobar, Saudi Arabia ICDR/AIPN Conference: Dispute Resolution in the International Oil & Gas Business October,

2 10:30-11:00 Break 11:00-12:15 Session Two: State Investment Disputes Speakers will present a review of state investment disputes arising from treaties and contracts. The panel will discuss issues such as investor protection, expropriation, fair and equitable treatment, no-less-favorable treatment, umbrella clauses and most-favored-nation treatment. The session also will provide a review of disputes emanating from attempts to stabilize terms in oil and gas investment contracts and the alternative mechanisms of renegotiation and adaptation of contractual terms. * Marc Lalonde, Independent Arbitrator; Montreal, * Henri Alvarez, Partner, Fasken Martineau; Vancouver, * David Lindsey, Partner, Chaffetz Lindsey; New York, * Elisabeth Eljuri Partner, Norton Rose Fulbright; Caracas, Venezuela 12:15 13:45 Lunch 13:45-15:00 Session Three: Commercial Disputes among Companies Oil and gas companies deal with a multitude of disputes resulting from their transactions and contracts. Speakers will discuss disputes arising from joint operating agreements, confidentiality agreements, service contracts, gas pricing, acquisition of oil and gas properties and others. * George Vlavianos, Partner, Bennett Jones; Doha, Qatar * Anne Marie Whitesell, Director, Georgetown University; Washington D.C., * Angus Gunn, Partner, Borden Ladner Gervais; Vancouver, * Michael Josephson Assistant General Counsel, International Nexen Energy ULC; Calgary, ICDR/AIPN Conference: Dispute Resolution in the International Oil & Gas Business October,

3 15:00-16:15 Session Four: Human Rights and Environmental Disputes This session will focus on disputes among states, oil and gas companies and NGOs emerging in the areas of human rights and the environment. The panel will discuss the leading cases, human rights and environmental treaties, international law and standards in this rapidly-evolving area. * Errol Mendes, Professor, University of Ottawa; Ottawa, * Gordon Kaiser, Independent Arbitrator; Toronto, * Audley Sheppard, Clifford Chance; London, UK * Peter Rees Arbitrator and Counsel, 39 Essex Street Chambers; London, UK 16:15-16:45 Break 16:45-18:00 Session Five: Alternative Dispute Resolution (ADR) in International Oil and Gas Disputes The use of ADR tools, such as mediation, dispute boards, expertise and other ADR variants utilized in the oil and gas world will be covered here. * Sophie Nappert, Independent Arbitrator, 3 Verulam Chambers; London, UK * Harold Coleman Jr., Senior Vice President, Mediation.org; New York, * Jack Marshall, Independent Arbitrator/Mediator; Calgary, * Karl Hennessee Vice President, Public Law, Halliburton; Houston, 18:30 Reception Blakes Blake, Cassels & Graydon LLP St SW #3500, Calgary, AB T2P, ICDR/AIPN Conference: Dispute Resolution in the International Oil & Gas Business October,

4 17 OCTOBER :00-10:15 Session One: Oil and Gas Disputes in North America This session provides an in-depth analysis of historical, existing and developing oil and gas disputes in, the United States and Mexico. * Luis Enrique Graham, Partner, Hogan Lovells; Mexico City, Mexico * Ann Ryan Robertson, International Partner, Locke Lord; Houston, * Mike McCachen, Partner, Blakes; Calgary, * Ben Sheppard Director, University of Houston Law School; Houston, 10:15-10:45 Break 10:45-12:00 Session Two: Oil and Gas Infrastructure Disputes Oil and gas companies are involved in some of the largest construction projects in the world. This session digs deeply into the issues of the infrastructure and construction disputes that can arise in the international oil and gas business, including oil sands and offshore facilities. * Michael Goldberg, Partner, Baker Botts; Houston, * David Haigh, Partner, Burnett Duckworth & Palmer; Calgary, * Salvador Fonseca, Partner, Baker & McKenzie; Mexico City, Mexico * Kathleen Paisley Partner, Ambos NBGO; Brussels, Belgium 12:00-13:30 Lunch 13:30-14:45 Session Three: Damages in Oil and Gas Disputes The primary remedy provided in international oil and gas arbitral awards is damages, whether in state investment or commercial disputes. This segment will review the kinds of valuation methods and compensation standards applied in oil and gas disputes and how damages are assessed in large, complex energy transactions. * Daniel Johnston, Daniel Johnston & Co., Hancock, * Mark Kantor, Independent Arbitrator; Washington D.C., * Julie Bedard, Partner, Skadden Arps, Slate, Meagher & Flom; New York, * Jason Doughty General Counsel, Kosmos Energy; Dallas, ICDR/AIPN Conference: Dispute Resolution in the International Oil & Gas Business October,

5 17 OCTOBER :45-16:00 Session Four: Selecting an Energy Arbitrator An arbitration award is only as good as the arbitrators that produced it; this panel will discuss what to consider in selecting arbitrators for energy disputes. A group of energy industry professionals recently collaborated to build the Energy Arbitrators List (EAL), dedicated to finding the best energy arbitrators in the world. The site and its benefits to companies will be reviewed. The address is * Kevin O Gorman, Partner, Norton Rose Fulbright; Houston, * Peter Rees, Arbitrator and Counsel, 39 Essex Street Chambers; London, UK * Jim Loftis, Partner, Vinson & Elkins; London, UK * Juliet Blanch Partner, Weil, Gotshal & Manges; London, UK 16:00-16:30 Break 16:30-17:45 Session Five: Rule Developments for Canadian Companies The Canadian Advisory Committee of the ICDR is creating a new set of arbitration and mediation rules for commercial parties in. Speakers will also discuss the creation of ICDR Expedited Arbitration Procedures and recent changes made in ICDR s International Arbitration Rules. These rules follow the same basic UNCITRAL principles included in arbitration laws adopted throughout. * Brian Casey, Independent Arbitrator; Toronto, * Steve K. Andersen, Vice President, ICDR; Salt Lake City, * Gerald Ghikas, Independent Arbitrator; Vancouver, * Bill Harnett General Counsel, Imperial Oil; Calgary, 17:45 Closing Remarks Tim Martin, Conference Chair Steve K. Andersen, Vice President, ICDR; Salt Lake City, ICDR/AIPN Conference: Dispute Resolution in the International Oil & Gas Business October,

6 CONFERENCE SPONSORS COOPERATING ENTITIES RECEPTION SPONSORS ICDR/AIPN Conference: Dispute Resolution in the International Oil & Gas Business October,