With the increasing number of oil & gas cross-border transactions, understanding how to negotiate, draft and interpret the terms of international business agreements plays a vital role in achieving successful deals. In particular this can also be the first step in order to avoid long and ruinous disputes, and subsequent expensive and complex litigation and arbitration proceedings.
This practical course will first examine the principles of international contract law, with specific reference to the oil & gas industry, using as a basis some standard of EPC Engineering Procurement and Construction Agreement, PSA Production-Sharing Agreement, License-Concession Agreement, Joint-Venture Agreement, and more in general exploring today’s internationally accepted commercial contracts principles. It will investigate the single issues of the contracts in order to understand in detail what it is typical of the oil & gas industry and how to negotiate efficiently any of their material issues. It will include best practice tools, tips and techniques on all key elements that are essential when drafting, negotiating and interpreting oil & gas and international contracts.
The course will also cover both theoretical and practical aspects of the management of oil & gas disputes. It will investigate how to prevent litigation and the ADR (Alternative Dispute Resolution) processes, including early neutral evaluation and expert determination. In particular it will focus on mediation and arbitration. It will investigate topics such as mediation and arbitration agreements, early case assessment and settlement considerations, mediation suitability, timing and preparation, the start of arbitration proceedings, the setting up of arbitral tribunals, issues related to jurisdiction, procedure, and mediation cases and arbitral awards.
Masterclass Objective: The class will be structured to optimize interactivity, using presentations/slides, continuous dialogue with the class (including the “cold call” questioning strategy), along with analysis of some concrete commercial and court cases.
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