Course dates
You will learn:
- Key Players in the International Oil and Gas Industry
- Negotiation Techniques and the Role of Counsel
- Key Legal Contractual Risk Management Issues
- Managing force majeure clauses
- Analysis of Key Provisions in International Oil & Gas Contracts
- Principal Standard Form Contracts used in the Industry including the North Sea LOGIC/CRINE
- International Dispute Resolution in the Oil and gas business
- In an optional one day course, Introduction to key English Contract Law Principles.
Course Introduction
Contract Risk Assessment within the Oil and Gas industry is central. This short course aims to offer a review to common oil and gas contracts with specific emphasis on identifying common contractual pitfalls, how to
negotiate and to minimise potential risk through commercial clauses. The course offers a thorough analysis to the concept of risk management and the various tools in place to mitigate risk, before discussing the general commercial risks associated with placing contracts within the Oil and Gas Industry.
The hands-on practical exercises will give you an understanding of the art of negotiations. Delegates will
understand the components of “the deal”, timing, strategies for gaining the upper hand in negotiations, games opponents play, good vs. bad negotiations and the pitfalls of positional bargaining.
After attending this course, delegates will be better equipped to negotiate profitably with international
companies and governments in order to produce enforceable agreements that contain terms and conditions
most productive for their company.
Module 1: (Day 1 – Optional)
Designed for people with no experience in contract law or those needing a refresher
Module 2: (Day 2–4)
Oil & Gas Pre-contracts Risk Assessment.
Day 1 (Module 1–Optional)
This day should be attended by any delegates who have no recent formal education in contract law, and is a necessary prerequisite to the oil and gas specific materials to be covered over the following four days. This day will act as a refresher session to delegates with formal contract law education but is not necessary.
The legal framework and contract law I
- The UK Legal System including sources of law
- English contract Law: contract formation
- English contract Law: contract terms
Workshop 1- Contract terms and content
Delegates will be presented with some problem solving exercises in which they will consider some issues surrounding the terms in some mock contractual situations.
Contract law II
- English contract Law: interpretation of contract terms
- English contract Law: remedies for breach of contract
Workshop 2- Interpretation of contract terms
Delegates will consider some exercises in which the principles of interpretation of contracts will be used to find practical solutions to ambiguous contract terms, and will consider better ways in which the contract could have been framed.
Day 2 (Module 2)
Understanding common oil & gas upstream contracts
- Production Sharing Contracts and similar agreements
- Joint Operating Agreements
- Farmout/Farmin Agreements
- Drilling Contracts
- Service and Supply Contracts
Assessing available remedies for breach of contract
- Rescission
- Compensatory damages
- Consequential and incidental damages
- Liquidated damages
- Specific performance
- Injunctive Relief
Assessing and managing risk in oil and gas contracts
- Determining and assessing types of risk
- Prioritising risk
- Developing Risk Minimisation Strategies
Practical Exercise: Case Studies
Day 3 (Module 2)
Avoiding common contract pitfalls
- Exclusion of liability
- Exclusion of one’s own fault
- Use of words and phrases such as notwithstanding
- Without prejudice to, subject to, and such other terms and phrases encountered in contract documents
- Representations and warranties
- Guarantees
Practice Exercise: Case Studies
Minimising loss through careful limitation of liability clauses
- Drafting enforceable liquidated damage clauses
- Handling consequential damage waivers
- Mitigation of damages clause
- Contractual limitations periods
Practical Exercise: Interactive discussion and exercise
Limiting risk through effective use of indemnity clauses
-
Matters covered
- Persons and entities covered
- Exclusions
- Examples of various type of indemnity provisions
Practical Exercise: Contract drafting exercise – Drafting effective indemnity clauses
Reducing risk through effective use of force majeure clauses
- Understand the purpose and risks this clause is intended to mitigate
- Avoiding common Force Majeure pitfalls
- Protect yourself from abuse and misuse of this clause
- Mechanics of exercising Force Majeure rights
Practical Exercise: Case studies
Day 4 (Module 2)
Avoiding risk through contract termination clauses
- Common termination clauses
- Penalty provisions
- Avoiding common pitfalls
Practical Exercise: Case studies
Managing risk through adequate insurance provisions
- Overview of coverage types
- Understanding typical insurance exclusions
- Assessing the quality of your insurance carrier
- Evaluating deductibles and coverage limits
- Insurance subordination issues
- Effective claims management
Practical Exercise: Contract drafting exercise – Drafting adequate insurance provisions
Preventing costly litigation through effective use of alternative dispute resolution options
- Assessing litigation vs. arbitration options
- Mediation considerations
- Considerations for selecting effective mediators and Arbitrators
- Selecting arbitration and mediation rules of procedure
- Drafting effective arbitration provisions
Practical Exercise: Mock arbitration exercise
Central London Hotel (energy), London, UK
All Euromoney Energy Training courses are held at four or five star venues in Central London, Zone 1. We strive to provide you with a training environment of the highest quality, to ensure that the whole learning experience exceeds your expectations.
Your training venue will be confirmed by one of our course administrators approximately 3-4 weeks before the course start date.
-
Moe Alramahi
Moe Alramahi is an academic at a leading University in England, UK. He has been involved in advising Governments and private sectors alike on issues of relevance to upstream oil and gas agreements, both in negotiating key terms and drafting techniques.
Mr Alramahi has an international profile excellence and extensive training experience in delivering courses tailored to national and international portfolio of delegates, covering subjects such as, Oil and Gas Contract Negotiations and Management, International Oil and Gas Contracts, Dispute Resolution in Oil and Gas Contracts, International Commercial Arbitration, Production Sharing Contracts (PSCs), Contract Risk Management, Corporate Social Responsibility (CSR), Mergers and Acquisitions (M&A), Construction Contracts, and a practical introduction to Oil and Gas Law.
Mr. Alramahi is a Chief Editor of Journal of International Trade Law and Policy (JITLP). He is regularly invited to chair panels and key oil and gas conferences nationally and internationally. He serves as Domain Name Panelist at the reputable Asian Domain Name Dispute Resolution Centre (ADNDRC) and he has been member at various relevant law societies and organisations.
Mr Alramahi developed a popular Masters course in Oil and Gas Law and he sought successfully professional accreditation from the Energy Institute in London. Furthermore, he has published widely in the field. Recent publications includes; Alramahi, M (2011) “Dispute Resolution in Oil and Gas Contracts", International Energy Law Review, Issue 3/2011, 78-85; Alramahi, M (2010)"New gTLDs– Pandora's Box is open", International Review of Law, Computers & Technology, his forthcoming textbook “UK Oil and Gas Law: A Practical Guide” will be published in second quarter of 2012.
Courses run by this instructor
Interested in holding this course in-house? Please fill out your details and a member of our team will be in touch with more information.
23-26 Jul 2012 (Paris, France)
A 4-day intermediate training course providing effective training in the critical considerations and conditions for successfully concluding Gas and LNG Sales Agreements. The course will enable you to gain an insight into the way in which Buyers and Sellers view and negotiate Gas and LNG Sales Agreements, and will give you a detailed understanding of the terms that are important in these transactions.
10-12 Jul 2012 (London, UK)
This 3-day Euromoney Energy Training course will give you an in-depth understanding of the problems and solutions in unit formation, negotiation of participation factors and operating agreements. The role of governmental agencies in consent and oversight will also be discussed.
10-12 Oct 2012 (Singapore, Singapore)
This course explores the structure and mechanisms of production sharing contracts (PSC's) for upstream oil and gas projects. Studying the underlying processes and commercial drivers, participants will examine case studies to illustrate the economic structure of these complex agreements.
17-20 Dec 2012 (Dubai, United Arab Emirates)
This 4 day International Oil & Gas Contracts course is specifically designed for professionals involved internationally in the oil and gas industry, it offers a unique opportunity to rapidly increase your understanding of the legal issues involved in various UK and international scenarios and to improve your techniques and skills in drafting a variety of international contracts.
3-5 Dec 2012 (London, United Kingdom)
Euromoney Energy Trainings Petroleum Sales Contracts course is designed to give attendees a comprehensive understanding of crude oil, natural gas and refined products markets and the sales contracts that are utilised for transactions through the supply chain.
25-28 Jun 2012 (London, UK)
The four day training course offers a unique opportunity to rapidly increase your understanding of the legal issues involved in various UK and international scenarios and to improve your techniques and skills in drafting a variety of international contracts. Delegates will also learn how to effectively negotiate in concert with counsel and how to get the terms negotiated incorporated into an enforceable international oil and gas agreement.
11-13 Sep 2012 (London, UK)
This course explores the structure and mechanisms of production sharing contracts (PSC’s) for upstream oil and gas projects. Studying the underlying processes and commercial drivers, participants will examine case studies to illustrate the economic structure of these complex agreements.
17-19 Jul 2012 (London, UK)
Course topics include: Allocation of Risk under EPC; Contractor Selection; Impact on Project Structure; Implications for Project Financing; Determination of Damages; Special Circumstances for Refineries; Power
Generation; Gas Processing; Governing Law
21-23 Nov 2012 (Lagos, Nigeria)
Attend this practical and interactive three-day training course and enhance your knowledge in the following key areas: The fundamental economic principles underpinning production sharing contracts (PSC’s); The history and evolution of production sharing contracts (PSC’s); The PSC structure, content and flowchart; Cost recovery, profile share, bonuses, sliding scales; Royalty and Taxation; Ringfencing; Key economic issues in PSC negotiations and bidding, featuring: Nigeria PSC economic modelling workshop, The economic impact of the Petroleum Industry Bill (PIB) and Global case studies
14-16 Nov 2012 (Almaty, Kazakhstan)
This course explores the structure and mechanisms of production sharing contracts (PSC’s) and the economic principles that underpin them. Studying the underlying processes and commercial drivers, participants will examine case studies to illustrate the economic structure of these complex agreements.
15-18 Oct 2012 (London, UK)
This 4-day course is designed to introduce both lawyers and nonlawyers alike to the understanding of how contracts in the oil & gas industry actually work and how to avoid and manage disputes.
17-21 Sep 2012 (London, UK)
This 5-day course is designed to introduce both lawyers and nonlawyers alike to the theories and practice of international commercial and investment arbitration in the oil & gas industry.
Course dates