Arbitration and Dispute Resolution For Non-Lawyers
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Arbitration and Dispute Resolution For Non-Lawyers Course
Introduction:
The likelihood 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 are 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 efficiently and effectively. 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 in obtaining 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.
Course Objectives:
By the end of the training, participants will be able to:
- 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 resolve 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 Should Attend?
This training course is appropriate for 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
Course Outlines:
Introduction to International Disputes in the Oil and Gas Industry
- 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
- Arbitration under UNCITRAL Rules
- Ad Hoc Arbitration
Dispute Resolution and Arbitration Clauses in Oil and Gas Contracts
- 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
Applicable Law and Dispute Resolution
- Legal Framework for International Arbitration
- Arbitration Agreement or Clause
- Arbitration Conventions and Investment Treaties
- Arbitration Procedural Rules
- National Laws
- National Courts
- The legal environment in which oil and gas contract operates:
- Constitution
- Domestic law
- Common law
- Civil law
- Islamic law
- International law
- Energy charter treaty
- Proper law of contract
- Law of arbitration
- Procedure of arbitration
- Curial law of the venue of arbitration
- Multilateral and bilateral treaties
- The legal position of conciliation and mediation
Various Modes of International Dispute Resolution
- 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 the implied waiver of Sovereign Immunity
- Group exercise: Mock Arbitration & Mediation
Limitations of International Arbitration, Strategy, Tactics, and Enforcement
- Limitations of International Arbitration
- Costs of arbitration
- Limited power of the arbitrators
