Dispute Management & Avoidance in the Energy Sector October 2017 London, United Kingdom. This training course will highlight:

Transcription

1 16-20 October 2017 London, United Kingdom This training course will highlight: 11-JAN-17 This course is Designed, Developed, and will be Delivered under ISO Quality Standards The fundamental types of disputes in the energy sector The methods of dispute resolution methods available Benefits of ADR in resolving energy disputes Analysing Conflicts and choosing ADR Approaches Dispute Avoidance by Improving Conflict Management Skills & Awareness

2 WHY CHOOSE THIS TRAINING COURSE? The Energy Industry invests in large, complex, capitalintensive projects that have long life spans. Circumstances, economics, governments and parties invariably change in these energy projects, which can often lead to disputes. The result is that the international energy sector, along with its associated construction projects, makes up the largest portfolio of international commercial and state investment disputes in the world. Disputes are therefore a significant risk in any international energy project. The risk is not whether a project will have a dispute, but rather in how well a party can manage that dispute to get a satisfactory result. Parties therefore need to continually manage that risk from the inception of the deal through to the point when a dispute arises and is eventually resolved. This course provides the knowledge and tools to do so. Energy disputes often have a very high monetary value, a strong public interest and a cross-border character, due to the origin of the parties involved. How Alternative Dispute Resolution (ADR) can lead to better and often uicker decisions, enhanced certainty, more procedural flexibility, potential cost savings, and other efficiencies. ADR will allow the industry, including businesses, regulators, and consumers, to take more control over its destiny and create workable solutions fitting individual circumstances. WHO IS THIS TRAINING COURSE FOR? This PetroKnowledge course will benefit all levels of personnel involved in resolution of energy industry disputes. It will enable a broad range of disciplines to appreciate and understand the complexities of conflict management and resolution for the energy sector. This training course is appropriate to a wide range of professionals but will greatly benefit: Legal managers, legal counsel Commercial and Business managers Contracts administrators, and managers Commercial, financial and insurance professionals Project and General Management HOW WILL THIS TRAINING COURSE BE PRESENTED? Participants will gain greater understanding of the subject matter through presentations by an experienced international practitioner designed to both inform and broaden the perspectives of the participants. Recent case studies will be reviewed and discussed. Participants will participate in interactive discussions on how to resolve and manage conflicts. Dispute avoidance measures will be explored and analysed. This training course will give participants working knowledge of the full range of ADR options from facilitation, arbitration, mediation, med-arb, early neutral evaluation and expert determination. WHAT ARE THE GOALS? At the end of this training course, participants will: Comprehensively understand the different types of energy disputes Understand the main dispute resolution clauses energy industry contracts Have in-depth knowledge of ADR mechanisms Have a full awareness of conflict resolution options Acuire conflict management skills for avoidance and settlement of energy disputes

3 Daily Topics DAY 1 Types of Disputes in the Energy Sector Competency Description: Energy disputes in a multi-billion energy industry are burdensome and there is a need for better and uicker resolution of these disputes. The fundamental knowledge of the types of disputes that may arise and the different options to resolve or avoid them is essential for the smooth running of operations. Understanding the improvements needed in the way conflicts are managed energy disputes are resolved. Acuiring essential knowledge Analysing the role of dispute resolution in the energy sector Conflict and Dispute Management skills Strategizing on the best methods to be used for dispute avoidance Overview of the types of energy sector disputes State versus state disputes State versus state disputes Investor state or state investment disputes. Energy Charter Treaty (ECT) Company versus company disputes Disputes between joint venture participants in contracts Disputes between operators and service contractors Individual versus company disputes DAY 2 Conflicts Arising Under Energy Agreements Competency Description: Knowledge of the types of conflicts that can arise in energy contracts. This essential knowledge will give participants the heads up on what potential conflicts can arise and negotiate and draft appropriate clauses in anticipation of such conflicts. Knowledge of the different types of conflicts that may arise in energy contracts Analysing the use of the different dispute resolution clauses Negotiating of dispute resolution clauses in these contracts Types of Energy Agreements and Dispute Resolution Mechanisms Purchase and Sale of Energy Commodities and/or related Financial Energy Transactions (Standardized Agreements) Tolling & Fuel-Supply Off-Take and Power Purchase Transmission and Transportation Operations & Maintenance (O&M) Engineering, Procurement and Construction (EPC) Energy Project Development Financing Transactions/ Agreements Traditional Energy Asset Acuisition and Divestiture Energy Risk Management Service Transactions/ Agreement Renewable Energy DAY 3 Benefits of ADR in Resolving Energy Disputes Competency Description: Knowing the various benefits of ADR and how it can save costs and time in the management of energy disputes. QUALITY CERTIFICATION Quality Certifi cations APPROVED P R O V I D E R

4 Membership No.: Create an awareness of the various ADR options Know the basic essential characteristics of each ADR option Competency in ADR process and how to manoeuvre around the steps involved Types of ADR Processes Mediation Conciliation Arbitration Ad-hoc and institutional arbitration Venue of arbitration Expert determination Enforcement of award ADR Benefits Promotes Creative Solutions Promotes Efficient Decision-Making by Regulatory Agencies Preserves Relationships Promotes Good Business Saves Time and Money Provides Benefits Even Without Full Settlements Case studies: Review of recent cases DAY 4 Analysing Conflicts and Choosing ADR Approaches Competency Description: Ability to identify and analyse conflicts in energy contracts and choosing the best ADR option for different types of contracts. Fit the Forum to the Fuss ADR Suitability Guide Overarching legal, pragmatic goals for managing dispute Suitability of the dispute for problems solving Potential Benefits of ADR for a particular case Group exercise: Sample Agreements and Clauses for Using ADR Group: Model State Resolution DAY 5 Dispute Avoidance by Improving Conflict Management Skills & Awareness Competency Description: Acuiring conflict management skills and know-how and appreciating the high financial costs of litigation and arbitration and the need to avoid disputes if possible. Obtain an awareness of the essential conflict management methods Evaluating the various aspects of conflict management and the costs involved Understanding the use of mediation and its benefits Role of Government / Regulatory Agency Knowledge of range of ADR options Company personnel expertise in ADR process Savings on legal costs and management time Preference of dispute resolution mechanisms Use of ADR to avoid energy disputes Understanding the principles underlying the different ADR options Appreciating the benefit of each option for any particular conflict or dispute. Review of case studies to understand the successful use of the ADR to resolve disputes in energy contracts Quality Certifi cations Member of Clear Concepts. Clean Environment. The PMI Registered Education Provider logo is a registered mark of the Project Management Institute, Inc. DISPUTE MANAGEMENT & AVOIDANCE IN THE ENERGY SECTOR

5 Please use BLOCK CAPITALS to fill in this form. It is important that you read carefully through all information before starting to complete the form. REGISTRATION DETAILS Family Name... First Name (Mr./Ms.)... Position... Company... Mailing Address Telephone Fax AUTHORISATION Mobile Authorised by... Position... Mailing Address Telephone Fax Mobile COURSE SCHEDULE October 2017 London, United Kingdom REGISTRATION FEES US$ $5,500/ - per participant This fee is inclusive of Documentation, Lunch and Refreshments MODE OF PAYMENT Please invoice my company Please invoice me Cheue payable to PetroKnowledge Limited WAYS TO REGISTER T: F: E: info@petroknowledge.com W: HOTEL ACCOMMODATION Hotel accommodation is not included in the Registration Fee. A reduced corporate rate and a limited number of rooms are available for attendees wishing to stay at the hotel venue. Please make your reuest for accommodation at least 3 weeks prior to the commencement of the course. CERTIFICATION A Certificate of Completion will only be awarded to those delegates who attend the entire course Training & Development Services for the Oil & Gas Industry PetroKnowledge Limited P. O. Box Abu Dhabi, U.A.E. CANCELLATIONS & SUBSTITUTIONS You must notify the Registrar of cancellations at least 2 weeks before a scheduled seminar in order to be eligible for a credit. If you cannot attend, you may send a replacement from your organisation at no charge. There is a $250 handling charge for all cancellations or rescheduling. We reserve the right to cancel a seminar due to low enrolment. All registrants will be notified in advance and a full refund will be provided upon reuest. DISCLAIMER Circumstances beyond the control of PetroKnowledge may necessitate postponement, change of venue or substitution of the Instructor. As such, PetroKnowledge reserves the right to implement such amendments.