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:
This workshop offers participants a unique opportunity to immerse themselves in real-life conflict avoidance and dispute management situations. Through hands-on experience, participants will gain the necessary skills to effectively handle dispute settlement and resolution without creating animosity between parties. The focus of the workshop is to equip participants with the ability to identify, allocate, manage, and mitigate risks and uncertainties commonly associated with complex projects and transactions.
A key aspect of the workshop is to provide participants with techniques for avoiding conflict situations that often result in litigation and arbitration. By mastering these techniques, participants will be better prepared to navigate potential disputes and prevent them from escalating into costly legal proceedings.
Over the course of five highly interactive days, participants will develop strategies and tactics for dealing with litigation and arbitration, ensuring the enforcement of their rights. The workshop will also cover the complexities of multiparty disputes and explore methods for their resolution through alternative dispute resolution mechanisms.
To enhance the learning experience, the workshop combines informative presentations with engaging case studies and simulations. Participants will be exposed to real-life pressures and challenges that arise in dispute situations, allowing them to apply their knowledge and skills in a practical setting.
Upon completion of the workshop, participants will have gained valuable insights and practical tools to effectively manage conflicts, settle disputes, and safeguard their rights. They will be equipped with the expertise needed to develop proactive strategies for avoiding disputes and promoting harmonious relationships among parties involved in complex projects and transactions.
Join us in this transformative workshop that will empower you to navigate conflicts, resolve disputes, and successfully enforce your rights. Gain the confidence and competence to handle complex dispute situations and achieve positive outcomes in your professional endeavors.
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 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 own 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 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 disputes 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 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: