Energy Contracting, Dispute Management & Negotiation Training Week

Energy Contracting, Dispute Management & Negotiation Training Week

Euromoney Training
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Description

Attend this training week programme and save over 15% on the combined price of: Practical Contracting & Dispute Management for the Oil & Gas Industry (Days 1-3) Energy Negotiation Skills Masterclass (Days 4-5) This training week has been specially designed to provide a very practical and hands on approach to contracting, dispute and conflict management within the oil & gas industry. A key feature of the energy contracting process is the ability and art to successfully negotiate the interests and terms involved, therefore the energy negotiation skills master class will focus on negotiation process and the various tools and strategies for a successful negotiation outcome. Delegates will learn …

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Attend this training week programme and save over 15% on the combined price of: Practical Contracting & Dispute Management for the Oil & Gas Industry (Days 1-3) Energy Negotiation Skills Masterclass (Days 4-5) This training week has been specially designed to provide a very practical and hands on approach to contracting, dispute and conflict management within the oil & gas industry. A key feature of the energy contracting process is the ability and art to successfully negotiate the interests and terms involved, therefore the energy negotiation skills master class will focus on negotiation process and the various tools and strategies for a successful negotiation outcome. Delegates will learn about: Oil & gas construction contracts How to deal with disputes Contract management and preparation How to effectively resolve contractual disputes Effective negotiation techniques An in depth understanding of the negotiation process The tools and strategies for successful negotiations How to ensure the best possible outcome Who should attend? Senior management Independent legal professionals Consulting professionals Service contractual managers Commercial directors and managers Senior personnel involved in the construction of onshore and offshore oil and gas industry and renewable energy projects In house lawyers including contracts/operations/commercial directors/managers Senior personnel involved in the negotiation process Senior personnel involved in energy and construction and engineering projects Government officials Business developers
Day 1 The parties to construction contracts What are the differences in approach/ aims of the parties? How does this influence the outcome? The role, obligations, liabilities and responsibilities of the client; what are their drivers? The role, obligations, liabilities and responsibilities of the contractor; what are their drivers? The role, obligations, liabilities and responsibilities of the subcontractors (back to back subcontracting) Other parties involved in construction contracts (engineers/ lenders/ financiers) The routes to entering into construction contracts Competitive tendering/private and public Negotiated tenders Use of known parties Effective management of the tendering process Negotiation art or science? Principles of negotiation What to do and what not to do Management of the negotiation process Practical negotiation skills Case study: How to negotiate an oil & gas construction contract, some techniques, tools and strategies Q&A session Day 2 Contract structures terms and conditions Terms and conditions standard versus bespoke The FIDIC suite of contracts Logic NEC BIMCO What to use and when (type of contract, EPC/ design and build/ build only/ services) Contract structures commercial sections (pricing and payment) Lump sums Schedule of day rates Schedule of prices Incentive schemes (pain and gain provisions) Payment methods (milestones/ monthly payments/ progress payments) Bonds and guarantees Contract structure scope of work, programme/ specification/ other schedules Scope of work, how to draft, what to include for the various types of contract Programme/ schedule what to include for the various types of contract Technical specifications what to include for the various types of contract Other schedules (attendances by client) Contract structure scope of work, programme/ specification/ other schedules continued Collateral warranties Milestones Extension of time Liquidated damages Case study: Oil & gas construction contracts – how to get paid? Subcontracting What is subcontracting – getting it right Standard forms of contract (FIDIC) and generally bespoke terms Fundamental provisions of back to back subcontracting Contract management Understanding the rights, roles, responsibilities and obligations of the parties Ensuring the parties fulfil their obligations Record keeping and document control Management of change Programme management Claims management Adjudication Time bar and limitation Day 3 Managing and preparing for the commencement of an arbitration Preliminaries once arbitration is probable (pre-action letters and notices; document retention and new document creation; identifying key employees; establishing “ownership” of outcome) Anticipating media coverage The relationship between in-house and outside counsel: how to maintain, or ruin, the relationship In-sourcing or deciding whether to appoint outside counsel (and who) Preparing for the first meeting Early case evaluation (ECA) The mediation option Cost estimates, fee arrangements, and budgeting Establishing dispute resolution objectives – goal setting Preparing and filing an international arbitration Collection and evaluation of evidence Witness interviews and statements Selecting experts Party issues (consortia, joint ventures, multiple parties) Identifying/addressing threshold and preliminary issues (jurisdiction, issues capable of early determination) The request for arbitration Defaults and defaulting parties Collection and evaluation of evidence Witness interviews and statements Selecting experts Party issues (consortia, joint ventures, multiple parties) Identifying/addressing threshold and preliminary issues (jurisdiction, issues capable of early determination) The request for arbitration Defaults and defaulting parties Selection and appointment of arbitrators & mediators Arbitrator and mediator ethics and independence Arbitrators: expectations for chairs vs. party appointees The truth on arbitrator and mediator selection: how it really gets done, the use of informal methods of information exchange it work or fail miserably Trends in arbitrator selection; open and private databases, interviewing, and feedback Arbitrator disclosures and ethical considerations; what does (and does not) get disclosed Communications with arbitrators before and after appointment, and interviewing candidates Institutional and default appointment mechanisms “The fourth arbitrator?” (use of a secretary to the tribunal) Interim measures Procedural options and institutional rules Applicable law Strategic considerations Practice and procedure in international arbitration Defining the procedural framework: procedural orders and terms of reference Discovery, requests to produce and the taking of evidence Obtaining third party evidence On-site inspections Dispositive motions Presenting expert testimony The arbitral award Form of the award Arbitral deliberations and award drafting Institutional review Corrections to an award Arbitral secretaries Day 4 What is a successful negotiation? To understand what is a successful negotiation one must first understand what is meant by the word 'negotiation'. Negotiation is defined as: "a dialogue between two or more people or parties, intended to reach an understanding, resolve a point or points of difference, to produce an agreement upon courses of action, to bargain for individual or collective advantage, to craft outcomes to satisfy various interests of two people/parties involved in the negotiation process. Negotiation is a process where each party involved in negotiating tries to gain an advantage for themselves by the end of the process. Negotiation is intended to aim at compromise” A successful negotiation is therefore what? (15 minutes for the delegates to prepare their own views) What is a successful negotiation? (continued) Review of responses from delegates Principles of successful negotiation When does a negotiation start? When does it end? What you need to know before the formal negotiation starts Deciding on the negotiation team Preparing for the negotiation Conduct of the negotiation Principles of successful negotiation (continued) Know the value of that which you are buying or selling Know the strengths and weaknesses of the party with whom you are negotiating Always try to understand the position of the party with whom you are negotiating Wherever possible, obtain intelligence regarding the other parties position Day 5 Negotiation skills and management of the negotiation process Where and when to hold negotiations Timing Who to use in your negotiation team Preparation for the negotiation Practical negotiation skills Understand that negotiating with parties from different ethnic backgrounds require different approaches (UK/ Northern Europe/ Southern Europe/ Middle East/ Japanese/ Korean/ Chinese/ US) and discuss Understanding the different negotiation approaches and when to use them Understanding how to elicit the best responses from a party Understanding the way to ask the right questions Knowing when to push and when to let go Negotiation do's and don'ts Refreshment break Group practical Review of group practical Questions and answers Course summary and close
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