Dispute Management & Avoidance in the Energy Sector

Transcription

1 An Intensive 5 Day Training Course Dispute Management & Avoidance in the Energy Sector Oct 2018, London 01-FEB-18 This course is Designed, Developed, and will be Delivered under iso Quality Standards

2 Dispute Management & Avoidance in the Energy Sector Why Chse 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 tls 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 quicker 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. 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. This training course will highlight: 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 chsing ADR Approaches Dispute Avoidance by Improving Conflict Management Skills & Awareness 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 Acquire conflict management skills for avoidance and settlement of energy disputes 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.

3 Day Two: Conflicts Arising Under Energy Agreements Daily Agenda Day One: Types of Disputes in the Energy Sector Competency Description: Energy disputes in a multibillion energy industry are burdensome and there is a need for better and quicker 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 smth running of operations. Understanding the improvements needed in the way conflicts are managed energy disputes are resolved. Acquiring 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 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 Transactions/ Agreements Transmission and Transportation Transactions/ Agreements Operations & Maintenance (O&M) Transactions/ Agreements Engineering, Procurement and Construction (EPC) Energy Project Development Financing Traditional Energy Asset Acquisition and Divestiture Energy Risk Management Service Transactions/ Agreement Renewable Energy Dispute Management & Avoidance in the Energy Sector

4 Membership No.: Day Three: 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. 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 Gd Business Saves Time and Money Provides Benefits Even Without Full Settlements Case studies: Review of recent cases Day Four: Analysing Conflicts and Chsing ADR Approaches Competency Description: Ability to identify and analyse conflicts in energy contracts and chsing the best ADR option for different types of contracts. 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. 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 Five: Dispute Avoidance by Improving Conflict Management Skills & Awareness Competency Description: Acquiring conflict management skills and know-how and appreciating the high financial costs of litigation and arbitration and the need to avoid disputes if possible. QuAlity CErtifiCAtion 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 Member of Clear Concepts. Clean Environment. The PMI Registered Education Provider logo is a registered mark of the Project Management Institute, Inc. 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 Dispute Management & Avoidance in the Energy Sector

5 Dispute Management & Avoidance in the Energy Sector 4 Date Venue Fee($) Oct 2018 London $5,500 This fee is inclusive of Documentation, Lunch and Refreshments 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: Mobile: fax: AuthoriSAtion Authorisation by: Position: Company: Mailing Address: telephone: Mobile: fax: In-house in-house Training training Maximize your training budget and have several members of your staff, who require specific training, to attend with the advantage of not incurring additional travel costs when attending a public training courses & seminars. Would you like a PetroKnowledge training course delivered at a time or location to suit you? Would you like PetroKnowledge to tailor a course from our comprehensive library of programmes? Or would you like us to create an entirely new, bespoke course to suit the exact needs of your organisation? Working in partnership with our clients, PetroKnowledge provides an enjoyable, creative learning experience that enables participants to develop their skills and knowledge. We can deliver not only generic, off-the-shelf courses from our extensive learning portfolio, but we can provide tailored as well as bespoke learning on any aspect of skill development or knowledge. Our in-house courses are conducted by the same expert trainers who conduct PetroKnowledge public courses so you can be assured they will fulfill the learning objective of any organisation

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