International Dispute Resolution & Arbitration in the Oil, Gas & Petrochemical Industry

At the end of this training course, you will:

• 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 resolving 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.

Content

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

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

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

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 implied waiver of Sovereign Immunity

Limitations of International Arbitration, Strategy, Tactics and Enforcement

Limitations of International Arbitration

• Costs of arbitration
• Limited power of the arbitrators
• The difficulty of bringing three or more parties before the same arbitral tribunal
• Delay due to the difficulty of communication and language and inconsistency
• Fees and expenses of arbitrators,
• Substantial expenses depending on the weight of the dispute in question

For whom:

Accountants, Auditors, Human Resources Managers, Directors, Treasurers, Lawyers, and others who perform related functions in the Oil and Gas Industry.

Training Methodology                               

The training methodology combines lectures, discussions, group exercises and illustrations. Participants will gain both theoretical and practical knowledge of the topics. The emphasis is on the practical application of the topics and as a result participant will go back to the workplace with both the ability and the confidence to apply the techniques learned to their duties.

Date:

15th - 18th January, 2019