Mining Contracts, Regulation & Negotiation

Mining Contracts, Regulation & Negotiation

Euromoney Training
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Description

The mining sector is at the heart of the challenges and the solutions to the sustainable development issues facing an increasingly resource constrained world; therefore understanding mining legal features is vital for all the mining industry stakeholders. Euromoney Energy is introducing this unique 3 day course aimed at providing participants with a concise but comprehensive approach to: Overview of the mining industry and it’s role for the future energy matrix Mining agreements Mining international regulation Negotiation skills and techniques International arbitration of mining contracts After attending this course, participants will have gained the necessary knowledge to recognise differen…

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The mining sector is at the heart of the challenges and the solutions to the sustainable development issues facing an increasingly resource constrained world; therefore understanding mining legal features is vital for all the mining industry stakeholders. Euromoney Energy is introducing this unique 3 day course aimed at providing participants with a concise but comprehensive approach to: Overview of the mining industry and it’s role for the future energy matrix Mining agreements Mining international regulation Negotiation skills and techniques International arbitration of mining contracts After attending this course, participants will have gained the necessary knowledge to recognise different forms of mining agreements, international mining regulation key aspects and how to mining contract negotiation success factors, techniques and tactics. The course will benefit government body agencies working in natural resources departments, lawyers or legal professionals who are involved in mining operations and projects; non-government organisations involved with mineral and natural resources and all the stakeholders with an interest in the mining sector.
Day 1 Mining operations and the role of contracts Mining industry sectors Exploration Extraction and processing Transport and sale Role of contracts Negotiation an art or science? Preparation for negotiations: understanding negotiation documentation Characteristics of a successful negotiation team Understanding the role of negotiation documentation Confidentiality agreements Minutes Letters of intent Terms sheets Heads of agreement Draft agreements Negotiation an art or science? Preparation for negotiations: understanding the implications of what you say, hear and do Negotiation an art or science? Preparation for negotiations: knowing what you are doing and why Risk analysis (identifying, evaluating and allocating risk in preparation for negotiations) BATNAs (identifying and evaluating your and the counterparty’s best alternative to a negotiated agreement Mining contract negotiation success factors, techniques and tactics Day 2 Owner versus contract mining Keys issues in assessing option Corporate Project specifics Operational Cost Risks Key issues to be negotiated in particular mining contracts Confidentiality agreements Confidentiality agreement case study Production sharing agreements Production sharing agreement case study Joint operating agreements Joint operating agreement case study Farmin agreements Farmin agreement case study Contractor mining agreements Contractor mining agreement case study Product supply agreements Product supply agreement case study Generic issues Force majeure Exclusion and limitation of liabilities Indemnities and liquidated damages Termination and transition Termination for convenience ‘Boiler plate’ provisions (so called) Day 3 International regulation of mining operations Natural Resources and Environment Management branch (of United Nations): environmental guidelines for mining operations The International Council on Mining and Metals principles International Seabed Authority Mining Code Mining contracts with government and state-owned enterprises Political and sovereign risk research and assessment Contract risk management mechanisms Change in law Stabilisation Tax gross ups Compensation for termination Key techniques to mitigate disputes arising during mining contracts Case studies Dispute resolution Dispute resolution procedures (private sector party to party mining contracts) CEO meetings, mini-trials, mediation, independent expert, arbitration Case study International arbitration of mining contracts International arbitration for private sector party to party mining contracts International arbitration with governments International arbitration clauses Case studies Course summary and close
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