International Dispute Resolution and Arbitration in the Oil, Gas and Petrochemical Industry
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International Dispute Resolution and Arbitration in the Oil, Gas and Petrochemical Industry Course
Introduction:
The workshop will deal with and place the participants in real conflict avoidance and dispute management situations so that they have hands-on experience in handling dispute settlement and resolution in such a manner that no ill will is created between the parties. It will enable participants to identify, allocate, manage, and mitigate the risks and uncertainties of complex projects and transactions. It will focus on techniques to avoid conflict situations which in turn lead to litigation and arbitration. At the end of the five-day highly interactive course, participants will be able to develop strategies & tactics for dealing with litigation and arbitration to ensure enforcement of their rights. The workshop will also cover multiparty disputes and their settlement through dispute resolution. The workshop combines presentations with case studies as well as simulations of real-life pressures in dispute situations.
Course Objectives:
- Protect your company's interests by learning simple but effective risk mitigation techniques
- Identify likely problem areas and develop feasible solutions to remove anomalies
- Effectively minimize litigation risks on your project by anticipating potential problems and clauses
- Develop effective negotiation skills and drafting techniques
- Analyze and evaluate typical terms to develop a clear understanding of claims and liabilities
- Expedite the contract review process by using appropriate tools and reminder formats
Who Should Attend?
- This workshop is relevant for All professionals working in the Oil & Gas sector who deal with legal drafting: disputes and arbitration processes every day.
- The training program is particularly relevant for teams/persons working dealing with:
- Risk Management
- Legal Management
- Materials Management
- Supply Chain Management
- Marketing
- Contract Appraisal & Management
- Business Development
- The workshop is also very useful for technical staff dealing with the day-to-day management of suppliers and project management.
Course Outlines:
- Introduction
- Overview of Disputes in the Industry
- Cost of disputes
- Issues to be considered before taking a Legal Position
- Case Study related to Force Majeure claim in an Oil and Gas Contract
Avoiding early and common pitfalls and dangerous phrases and exclusions and preventing trap
- Exclusion of liability
- Exclusion of one’s fault
- Use of words and phrases; Notwithstanding, without prejudice to, subject to, and such other terms and phrases encountered in contract documents
Case Study: the distinction between simple negligence & gross negligence is not specifically defined in the contract Group exercise: Mock arbitration
- Avoiding and managing disputes
- Origin of disputes
- Contractual issues
- Factual issues
- Change in circumstances
- Preference to negotiate rather than litigate
- Matters of principle
- Policy matters
Case Study: Clauses that are commonly the subject matter of dispute
- Liquidated damages clause
- Price variation
- Taxation
- Specification
Case Study: ‘Liquidated damages must not amount to a penalty’ – discussion on a landmark case on Liquidated damages
- Preparation for managing dispute resolution
- The relevance of dispute management team
- Role of an in-house lawyer
- Documents and correspondence
- Identifying relevant documents
- Drafting of claim and counterclaim
- Drafting exercise
- Applicable Law and Dispute Resolution Applicable Law
- The legal environment in which the contract operates:
- Constitution
- Domestic law
- Common law
- Civil law
- Islamic law
- International law
- Multilateral and bilateral treaties
- Energy charter treaty
- Proper law of contract
- The legal position of conciliation and mediation
- Law of arbitration
- Procedure of arbitration
- Curial law of the venue of arbitration
Case Study: examining mineral contracts to provide for the law of the host country as the proper law
Various modes of 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
- Certain governments in the Middle East do not agree with the inclusion of arbitration clause- analysis
Group exercise: the study of contracts without arbitration clauses and understanding implied waiver of Sovereign Immunity
- Dispute avoidance and arbitration clauses in Oil and Gas contracts
- Dispute resolution clause in:
