Practical Contracting & Dispute Management for the Oil & Gas Industry
Starting dates and places
Description
This course forms module 1 of theEnergy Contracting, Dispute Management & Negotiation Training Week. Course overview This 3-day course is designed to introduce both lawyers and non-lawyers alike to the understanding of how contracts in the oil & gas industry actually work and how to avoid and manage disputes. The emphasis of this training course is to provide a practical understanding of the contracting process including contract selection, tendering, negotiation, contract preparation, contract management together with a section on the effective management and resolution of disputes. Topics covered will include standard forms of contract, negotiation, contract management and dispute resoluti…Frequently asked questions
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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/ responsibilities of the client. What are their drivers? The role/obligations/ liabilities/ responsibilities of the contractor. What are their drivers? The role/ obligations/ liabilities/ responsibilities of 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 Course summary and close
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