• This training course will highlight:

  • The fundamental types of disputes in the Oil and Gas Industry
  • The different methods of dispute resolution available
  • Preference for International Arbitration over Litigation
  • Dispute Resolution Clauses in various Oil and Gas Contracts
  • Conciliation, Mediation and Settlement of Disputes
  • Enforcement proceedings

At the end of this RECTUS training course, participants will be able to:

• 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.

This RECTUS EPCIC Contracts Management in Offshore & Marine training course is suitable to a wide range of professionals but will greatly benefit Contracts Professionals and Project Managers operating in complex offshore and onshore projects in marine and shipyard construction and engineering, whether at beginner or intermediate levels, and also:

• Commercial Contract Professionals
• Commercial Operation Professionals
• Contract Engineers
• Procurement Supply Chain Professionals
• Risk Manager / Contract Risk Professionals

This interactive Training will be highly interactive, with opportunities to advance your opinions and ideas and will include:
• Lectures
• Workshop & Work Presentation
• Case Studies and Exercise
• Videos and General Discussions

Day One: 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

• International Arbitral Institutions

• International Chamber of Commerce (ICC) International Court of Arbitration

• The London Court of International Arbitration (LCIA)

• The American Arbitration Association’s International Center for Dispute Resolution (AAA) / ICDR

• Ad Hoc Arbitration

• Arbitration under UNCITRAL Rules

Day Two: 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

• Disputes in the oil and gas sector

• Disputes with host governments

• Environmental claims

• Shareholder value related issues

• Regulatory issues

• Boundary Issues
• Trade restriction among others
• Breach of contracts

Day Three: 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

• Legal environment in which oil and gas contract operates:

• Constitution

• Domestic law

• Common law

• Civil law

• Islamic law

• International law

• Multilateral and bilateral treaties

• Energy charter treaty

• Proper law of contract

• Legal position of conciliation and mediation

• Law of arbitration

• Procedure of arbitration

• Curial law of the venue of arbitration

Day Four: 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
• Group exercise: Mock arbitration & Mediation

Day Five: 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

• Litigation and arbitration: Strategy, tactics and enforcement

• Appointment of an arbitrator

• Appointment of legal counsel

• Making of claim and counter claim

• Disclosure of documents

RECTUS attendance certificate will be issued to all attendees completing minimum of 80% of the total course duration.