The likelihood of disputes arising in the oil and gas industry is high due to the various types of contractual relationships that exist.  Further the costs of hydrocarbon exploration and exploitation is extremely high as are the value of oil and gas contracts and parties to a dispute need to have the necessary knowledge and skills to firstly avoid where possible the disputes and alternatively to manage the whole dispute resolution process in an efficient and effective manner.

This GLOMACS online training course provides in-depth information on the types of disputes that can arise and the several available methods of dispute resolution, which can be consensual, adjudicative or hybrid. The course further assists the participants to obtain effective skills in dispute management and conflict avoidance. Managing disputes using the most cost effective and efficient methods available would be a primary goal of the online training during this online course.

This Dispute Resolution and Arbitration online training course is designed to be highly practical and includes hands-on workshop sessions and a mock dispute demonstration. This online training course focuses on the available institutional rules or the ad hoc procedures and the implications this choice may have on the outcome of the dispute. Taking into account cultural considerations specific to each dispute, the course provides online training on the choice of law, seat and venue for the arbitration.

This GLOMACS online 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 online 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

This online training course will utilize a variety of proven online learning techniques to ensure maximum understanding, comprehension, retention of the information presented. The training course is conducted Online via an Advanced Virtual Learning Platform in the comfort of any location of your choice.

This GLOMACS online training course will benefit all levels of personnel involved in resolution of oil and gas disputes. It will enable a broad range of disciplines to appreciate and understand the complexities of conflict resolution in particular in the Oil and Gas industry, and how best to manage disputes in the oil and gas industry.

This online 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

DAY 1

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 2

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 3

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 4

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
• Understanding implied waiver of Sovereign Immunity
• Mock arbitration & Mediation

DAY 5

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
  • Witnesses and cross – examination
  • Injunctions and other interim orders
• Enforcement proceedings
  • Identifying assets
  • Enforcement methods
  • Treaties
  • Local laws relating to enforcement
  • Problems in multiparty disputes
  • Confirmation of final awards - the oil & gas experience
• Public Policy on enforcement of awards
• Settlement of Disputes
  • When to consider settlement
  • Commencing negotiation
  • Documentation of settlement
  • Full and final settlement 

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