Oil and Gas Negotiation for Non-Lawyers To Avoid Disputes

Course Description

This successful and popular composite course is designed to provide an understanding of how contracts in the oil and gas industry operate and how such contracts are negotiated. Of key importance is an understanding of the legal matrix and the different legal system approaches underlying such contracts and from there, the different kinds of contracts that exist in the market. Once you get a handle on those concepts, you can start to appreciate how disputes can be avoided in the operation of oil and gas contracts and what techniques exist to mitigate risk and loss and how disputes can be minimised.

On this course, delegates will explore key terms in oil and gas contracts, items which can regularly give rise to disputes, how careful negotiation at the start of a project can minimise later disputes, in any event how to approach such disputes and how to deploy different resolution methods to particular types of dispute. The course will also cover and the delegate will acquire knowledge and understanding of Concession Agreements, Production Sharing Agreements, Joint Operating Agreements, Production Sharing agreements, EPC Contracts, EPCM and Turnkey Contracts.

In addition we will include closer examination of some of the types of clauses which are most encountered in international oil and gas industry such as warranties and guarantees, risk identification and allocation, change and variation clauses, indemnity, cross indemnities and hold harmless clauses, stabilization and renegotiation clauses and force majeure clauses.

Who will benefit

• Anybody seeking a clearer understanding of the many ways that disputes in oil and gas contracts can be reduced
• Anybody wishing to pick up practical types firstly to avoid disputes which failing to manage them and use the best techniques to resolve them.
• Anybody looking to understand the legal theory and methodology that underlie these techniques.

Why you should attend

Oil and gas contracts are complicated and those working with them should think carefully about acquiring an overview of such contracts and how they operate as well as in depth knowledge about the types of contracts and the clauses found in them. This course walks the delegate through all of this giving him or her a solid understanding of oil and gas contracts thereby reducing the likelihood of dispute further down the (pipe) line

Key topics

• Oil and Gas Industry Overview
• The Legal Matrix in International Oil and Gas Contracts
• International Disputes in Oil and Gas Contracts
• The Two Legal Tectonic Plates & Continental Drift in the Legal World
• Common law and Civil Law Considerations in Application
• State and Foreign Resource Companies
• Negotiation of International Oil & Gas Contracts
• T&C’s
• Special Clauses
• Stabilization and Renegotiation Clauses
• Arbitration as a Dispute Resolution Method
• Ad Hoc arbitrations
• Institutional Arbitrations
• Examples of Arbitration Institutions
• Issues with International Arbitration Procedures in Contracts
• Defective Arbitration Clauses
• Contract Provisions to Prevent Defective Arbitration Clauses
• Arbitration Clauses (Basic)
• Arbitration Clauses (General)
• Selected Specialised Clauses
• Alternatives to Arbitration
• Detailed Review of Common International Energy and
• Natural Resource Agreements (Oil and Gas Contracts)
• Concession Agreements and Production Sharing Agreements
• Joint Operating Agreements
• The JOC / OPCOMM
• Host State Fiscal Regimes and Tax Regimes
• Farm In and Farm Out Agreements
• Unitization Agreements
• Shareholder Agreements
• Service Agreements and Risk Service Agreements
• International Drilling Contracts
• Well Service Agreements
• Traditional Construction Contracts
• EPCM Contracts (Engineer, Procure, Construct and Management)
• Negotiating an EPC Contract
• Other Considerations and contractual terms
• Dispute resolution other than Arbitration & Litigation
• Dispute Boards – Adjudication and Resolution (DABs and DRBs)
• Investment Treaty Arbitration
  

Course details

• The sessions will be PowerPoint led but with workshops, group discussions, mock negotiations and ample opportunities to allow delegates to bring forward their own industry examples.
• “Walk-throughs” of some internationally recognised arbitration clauses, procedures and practice,  identifying key issues.
• The topics discussed throughout the whole course will be backed up with references to oil and gas industry contracts and dispute resolution clauses.
• At the end of the course the delegate will take away the CRINE-LOGIC suite of contractual terms which were drafted for North Sea oil and gas production contracts.

Course Duration: 3 Days