The accelerated pace of change in the oil and gas industry make this one of the world’s most challenging and complex sectors in which to understand, draft and negotiate contracts.
Falconbury have developed this unique 3-day programme focusing on current practice and developments in the oil and gas industry. It will serve as either a comprehensive introduction for newcomers or a useful update/refresher for those with experience in the industry.
In-house lawyers, procurement managers, contract managers, contract analysts, contract engineers representing international petroleum companies, contractors and sub-contractors to the petroleum industry together with host governments.
PART I – Understanding and drafting different types of upstream oil and gas agreements
Introduction and overview of industry
Introduction to the different types of upstream oil and gas agreements
Drafting the terms of concession agreements
Specific issues when drafting drafting licensing agreements
Offshore rig hire agreements
Drafting agreements for offshore design, engineering and construction work
Including EPC Contracts (Engineer Procure Construct) and EPIC contracts
PART II – General contract terms and risk allocation
General obligations of the contractor and the company
Understanding contractual liabilities
Drafting contractual guarantees and warranties
Indemnity and hold harmless clauses
Exclusion clauses in the offshore industry
Termination clauses and disputes
The UK Bribery Act and its impact on oil and gas contracts
Part III – Negotiation skills
Workshop leader: Rob Maguire
The rise and rise of the negotiator
Nothing exemplifies the modern oil and gas company or contractor as much as the growth of joint ventures, sub-contracting and licensing. All of these require the executive to be able to negotiate and, often, to be able to lead others through the negotiation process.
Practical exercise: Negotiate and succeed
Working in teams, delegates are asked to resolve a multi-variable, multi-party business problem. The output of the exercise will form the backdrop for the following sessions on structure and influencing.
Structure for control
The research tells us that negotiation success is not related to any single aspect of the complex interactions that take place in any negotiation. However, above all else the party that negotiates best gets the best result. The keys to negotiating well are controlling the negotiation and managing the process.
Personal style and negotiation
This session helps us hold a mirror up so that participants can reflect on their own style. We look at why other styles irritate us – and how we negotiate with those people we find difficult to deal with.
Practical exercise: Moving into engagement, influencing and persuasion
It can be argued that the more we can influence someone to our position and the greater agreement we can build, the less we have to give away in our negotiations
Working in teams, delegates will be asked to use their knowledge of their own style and those of others in their teams to agree strategies and tips for dealing with other styles and getting the most our of the negotiation.
Dr Ned Swan is International General Counsel at IX Power Ltd, and a leading international expert and advisor on energy policy, law and regulation. He has been adviser to the European Commission, Council of European Energy Regulators, national governments, energy markets, energy traders, and major energy firms. He has been a partner at three major international law firms, where he advised on all aspects of the energy business including contracts, joint ventures, concessions, production, refining, purchasing, shipping, trading, environmental issues and litigation. Ned is also a visiting professor at the Faculty of Law at University College London where he originated, and taught the LLM (Master’s degree) course in Regulation of Financial Markets. He is admitted to the New York and US Federal Courts, and is a member of the Energy Institute, and the UCL Energy Institute. The Legal 500 has praised… ‘Ned Swan’s impressive energy related work.’Presenters
Martin Amison is a partner in the London office of Trowers & Hamlins. His work experience includes construction law, company and commercial law, corporate finance, international and cross-border corporate finance law, construction, arbitration and particular experience of advising on private sector projects and project finance. He has lived and worked in the Middle East region for approximately eight years and has been involved with the provision of legal advice in the region for the last 22 years. Martin has recently been involved with large-scale projects in the energy, petrochemicals, industrial, health and transport sectors in the U.K, the Gulf States, Egypt, Jordan, Eastern Europe and Scandinavia. Martin is acknowledged as a Legal Expert in the field of Projects/Project Finance (inc. PFI) and energy in both the Legal Business: Legal Experts Directory 2010 and Chambers and Partners’ Guide to the Legal Profession 2011.
Nicolas Bonnefoy is a partner in the energy, transport and infrastructure department in the London office of Ashurst. He has a particular focus on the mining, and upstream oil and gas sectors in Africa. Nicolas’ experience includes acting for major Chinese, European and North American companies, governments and national oil companies in structuring, securing and implementing acquisitions and disposals of oil and gas and mining assets throughout Africa, as well as the negotiation of farm-in and farm-out agreements and SPAs, exploration and production contracts and other ancillary contracts.
Shareena Edmonds focuses her practice on international disputes. She advises owners and contractors in connection with major energy, infrastructure and construction projects around the world. As well as providing strategic project advice, Shareena represents clients throughout the dispute resolution process, whether in court, arbitration or using ADR techniques.
Marco Kielstra is an international legal counsel with Van Oord N.V. and is permanently seconded to Van Oord’s Offshore Division in Gorinchem, the Netherlands. With Van Oord Offshore, which is a contractor in the global offshore oil and gas industry, Marco supports the offshore pipeline installation and subsea rock installation subdivisions from tender and execution stage up to completion and, if any, claim/dispute settlement.
Rob Maguire runs his own consultancy and his experience spans the full range of issues from developing an appropriate contract strategy and building a performance dashboard to negotiation and conflict resolution to deal with the inevitable management issues that arise in any long-term relationship. Through his consulting, coaching and mentoring and skills development interactions, he helps major organisations transform their thinking and approach to their commercial relationships.
Hamish McArdle is a partner of Baker Botts (UK) LLP. He advises UK and international companies, organisations and, on occasion, governments, on a range of aspects of large scale projects and corporate matters with a particular focus on the upstream and midstream oil and gas sectors.
Scott C. Styles is senior lecturer at the University of Aberdeen Law School. He is Assistant Editor of Daintith and Willoughby, the leading book on UK oil and gas law. He has many years experience of teaching and researching oil and gas law, with a particular focus on regulatory matters and contracting.
Richard Williams is a partner at Pinsent Masons in London. He has experience in advising on all aspects of corporate insolvency law in connection with receiverships, liquidations and administrations. Richard has acted for insolvency practitioners, banks, commercial clients, directors and creditors. His experience is primarily in dealing with contentious aspects of insolvency law including investigations and asset recovery. Richard is also experienced in handling a wide variety of commercial issues. He has particular expertise on bonds and guarantees and frequently advises on risk exposure issues in relation to major projects.
Falconbury specialise in business and management training, legal training and executive education for individuals and teams across all types of organisations, large and small, public and private, domestic and international. Falconbury are confident that you will find a training solution...
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