Dispute Management and Avoidance in the Energy Sector
Select Other "city & date"
Dispute Management and Avoidance in the Energy Sector Course
Introduction:
The Energy Industry invests in large, complex, capital-intensive projects that have long life spans. Circumstances, economics, governments, and parties invariably change in these energy projects, which can often lead to disputes. The result is that the international energy sector, along with its associated construction projects, makes up the largest portfolio of international commercial and state investment disputes in the world.
Course Objectives:
By the end of this course, participants will be able to:
- Comprehensively understand the different types of energy disputes
- Understand the main dispute resolution clauses energy industry contracts
- In-depth knowledge of ADR mechanisms
- Have full awareness of conflict resolution options
- Acquire conflict management skills for avoidance and settlement of energy disputes
Who Should Attend?
This training course is suitable 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:
Types of Disputes in the Energy Sector
- Overview of the types of energy sector disputes
- State versus state disputes
- State versus state disputes
- Investor-state or state investment disputes.
- Energy Charter Treaty (ECT)
- Company versus company disputes
- Disputes between joint venture participants in contracts
- Disputes between operators and service contractors
- Individual versus company disputes
Conflicts Arising Under Energy Agreements
- Types of Energy Agreements and Dispute Resolution Mechanisms
- Purchase and Sale of Energy Commodities and/or related Financial Energy Transactions (Standardized Agreements)
- Tolling Transactions/Agreements & Fuel-Supply Transactions/Agreements
- Off-Take and Power Purchase Transactions/Agreements
- Transmission and Transportation Transactions/Agreements
- Operations & Maintenance (O&M) Transactions/Agreements
- Engineering, Procurement, and Construction (EPC) Transactions/Agreements
- Energy Project Development Financing Transactions/Agreements
- Traditional Energy Asset Acquisition and Divestiture Transactions/Agreements
- Energy Risk Management Service Transactions/Agreement
- Renewable Energy Transactions/Agreements
Benefits of ADR in Resolving Energy Disputes
- Types of ADR Processes
- Mediation
- Conciliation
- Arbitration
- Ad-hoc and institutional arbitration
- Venue of arbitration
- Expert determination
- Enforcement of award
- ADR Benefits
- Promotes Creative Solutions
- Promotes Efficient Decision-Making by Regulatory Agencies
- Preserves Relationships
- Promotes Good Business
- Saves Time and Money
- Provides Benefits Even Without Full Settlements
Analyzing Conflicts and Choosing ADR Approaches
- Fit the “Forum to the Fuss”
- ADR Suitability Guide
- Overarching legal, pragmatic goals for managing dispute
- Suitability of the dispute for problem-solving
- Potential Benefits of ADR for a particular case
Dispute Avoidance by Improving Conflict Management Skills & Awareness
- Role of Government / Regulatory Agency
- Knowledge of a range of ADR options
- Company personnel expertise in the ADR process
- Savings on legal costs and management time
- Preference of dispute resolution mechanisms
- Use of ADR to avoid energy disputes
