Presented by
Falconbury

Managing Disputes in the Oil and Gas Industry

This 3-day programme from Falconbury has been designed to take an in-depth look at disputes that arise in oil and gas contracts and how they can be managed and resolved in the most cost-effective and efficient manner. The programme is designed to be highly practical and includes hands-on workshop sessions and a mock dispute demonstration.

Find out more

  • Format: Bespoke training
  • CPD: 18 hours for your records (depending on your requirements)
  • Certificate of completion

Course Overview

This 3-day In-house seminar from Falconbury has been designed to take an in-depth look at disputes that arise in oil and gas contracts and how they can be managed and resolved in the most cost-effective and efficient manner. The programme is designed to be highly practical and includes hands-on workshop sessions and a mock dispute demonstration.

The benefits of this programme

  • Learn how to identify the most effective dispute avoidance techniques through negotiation and other contractual techniques*
  • Find out about typical upstream, midstream and downstream contracts and the types of disputes that arise in them
  • Hear more about how to select the appropriate method of dispute resolution
  • Get-to-grips with dealing with international investment law claims
  • Understand more about your case and preparing for the commencement of a dispute
  • Become familiar with effective drafting of arbitration notices and replies
  • Hear about what you should expect when leading up to an arbitral hearing including early case evaluation
  • Learn about drafting effective instructions for expert witnesses
  • Understand the special features of discovery and discovery disputes
  • Find out how to manage the relationship between in-house counsel and outside counsel in the lead up to and during the arbitration
  • Gain knowledge of how to minimize the pain of the costs and length of arbitration
  • Learn what to expect from the evidentiary hearing and other interim measures
  • Finally, hear about how the arbitration award will be enforced

Who is this programme for?

  • In-house lawyers
  • Procurement managers
  • Contract managers
  • Commercial negotiators
  • Contract analysts
  • Contract engineers representing international petroleum companies
  • Contractors and subcontractors to the petroleum industry
  • Lawyers in private practice involved in oil and gas law
  • Together with representatives of host governments

Programme - Day 1

SESSION 1: UPSTREAMEXPLORATION/EXTRACTION

  • Oil and gas industry disputes – Background and Introduction*
  • Ownership and rights to natural resources
  • The acting parties
  • Economic interests
Typical disputes in upstream contracts
  • Typical upstream contracts
  • Typical disputes and how to anticipate them
  • ADR/Arbitration/Litigation
International investment law claims
  • BITs/MITs
  • How to use the cool-off period
  • ICSID
  • Substantive protections
Preparing for the commencement of a dispute
  • Understanding your case
  • Selecting lawyers
  • Settlement proposals
  • Choosing arbitrators and/or mediator – IBA guidelines on conflicts of interest in international arbitration
  • Notice of arbitration

WORKSHOP

Drafting an arbitration notice/ reply
  • The basic content requirements
  • Preliminary challenges – e.g. Jurisdiction
  • Evidence gathering
  • Time limits
  • Drafting styles

WORKSHOP

Negotiation skills – Dispute prevention/ early resolution
  • Why negotiate?
  • How negotiation can aid dispute prevention
  • Methods for early resolution
  • Settlement

Programme - Day 2

SESSION 2: MIDSTREAMPIPELINES/REFINERY/STORAGE

Background and introduction to the midstream oil and gas sector
  • Projects
  • Competing interests
  • Typical midstream contracts
Typical disputes in midstream projects
  • Typical disputes and how to anticipate them
  • ADR/arbitration/litigation
  • The role of the disputes review board in midstream disputes
Arbitral procedure part I – What to expect leading up to the hearing
  • Preparing for the first meeting
  • Early case evaluation
  • Cost estimates, fee arrangements and budgeting
  • Establishing objectives
Arbitral procedure part II – Discovery
  • What is discovery and how to prepare for it?
  • IBA rules on the taking of evidence in international commercial arbitration
  • Redfern schedules
Using experts – Drafting instructions
  • Instructing experts
  • Expert’s loyalties
  • IBA Rules on the taking of evidence in international arbitration
  • Examining experts in panels or individually?
WORKSHOP Discovery and discovery disputes
  • Drafting requests for discovery
  • Responding to requests for discovery
  • Drafting submissions to the tribunal
The relationship between in-house counsel and outside counsel during an arbitration
  • How to manage the relationship
  • Objectives
  • Roles
  • Costs

Programme - Day 3

SESSION 3: DOWNSTREAMSUPPLY AND TRADING

Background and introduction to the downstream oil and gas sector
  • Players
  • Typical downstream contracts
  • Trade finance
Typical disputes in downstream contracts
  • Typical disputes
  • ADR/arbitration/litigation
  • Substantive issues that arise
Costs and length of arbitration – How to minimize the pain
  • Arbitration clause check list
  • Bifurcated proceedings
  • Pre-arbitral references
Arbitral procedure part III – Interim measures and evidentiary hearing
  • Pre-award security and conservatory measure
  • Preparation for the hearing including witness preparation
  • What to expect at the hearing

Mock dispute session

This demonstration will be based on a dispute arising from an upstream contract and illustrating the knock-on effects through mid-stream to down-stream

The arbitration award: What to expect and how to enforce
  • Form
  • Content
  • Clarification/amendment
  • New York Convention enforcement

Run Managing Disputes in the Oil and Gas Industry Bespoke training for your team

3 days

Typical duration

Pricing from:

  • GBP 1,200
  • Per attendee
  • Course tailored to your requirements
  • At your choice of location, or online

 

We don't have any currently scheduled dates for this course but we can customise it to your requirements and deliver it on an in-house basis for any number of your staff or colleagues.

Contact our in-house training expert Aleksandra Beer to discuss your requirements:

Multiple colleagues?
Talk to one of our training experts to discuss how to:

Run this course conveniently and cost-effectively in-house for your staff and colleagues

Aleksandra BEER
Training expert

+44 (0)20 7749 4749

inhouse@ipi.academy