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Registeration for: Understanding, Negotiating and Drafting Oil and Gas Industry Contracts
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Understanding, Negotiating and Drafting Oil and Gas Industry Contracts
Category: Power, Oil, Gas, Process and Chemical Courses

ABOUT THE COURSE

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. 

  • PART ONE deals with the different types of agreements that are in common use. The expert speakers will guide participants through the various contracts focusing on understanding the key issues together with drafting techniques.
  • PART TWO takes a closer look at general contract terms – terms which are common to all types of agreements and have an enormous impact.
  • PART THREE focuses on negotiation skills with specific reference to and case studies based on oil and gas industry contracts.

TARGET PARTICIPANTS

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. 

COURSE CONTENT

Module one

PART I – Understanding and drafting different types of upstream oil and gas agreements

Introduction to the different types of upstream oil and gas agreements 

  • Overview of contractual and fiscal structures; Confidentiality and non-disclosure agreements
  • Exclusivity agreements; Joint bridging agreements; Areas of mutual interest agreements

Synthetic acquisition structures 

  • Structuring; Mechanism; Practical issues

Licensing agreements 

  • Licences and contracts; Sharing risks and rewards with governments and co-investors
  • Petroleum licences: award and contents; PSC’s/PSA’s: award and contents

Offshore rig hire agreements 

  • Rights and obligations of the parties; Assignments; The rig market; What the oil companies provide
  • Two main commercial risks associated with rig hire; The Rig Hire Contract; The IADC Form

PRACTICAL WORKSHOP

EPC contracts and risk based contracting

  • Basic features of an EPC contract; Key oil and gas specific clauses; Key performance clauses
  • Liquidated damages; Performance guarantees; Key general clauses

PART II – General contract terms and risk allocation

General obligations of the contractor and the company 

  • Performance standards; Data collection and reporting; Audit rights and financial reporting
  • HSSE requirements; Sub-contractors

Module two

PART II – General contract terms and risk allocation (continued)

Host Government rights and obligations 

  • Political risks; Sovereign immunity; Land – licensing, leasing; Convertibility of currency and exchange rates
  • HSSE regulations; Assistance, consents; Local content requirements; Applicable laws
  • Disputes – forum and enforcement; Host Government petroleum regimes; HSSE risks; Anti-corruption regulations

Understanding contractual liabilities 

  • Liabilities for personal injury or death; Liability for late delivery, performance or similar
  • How to limit the maximum aggregate damages; Fundamental breach v breach of fundamental obligations

PRACTICAL WORKSHOP – Drafting contractual guarantees and bonds 

  • Advance payment bonds; Retention bonds; Performance guarantees; Parent company guarantees

Indemnity and hold harmless clauses 

  • Indemnity – why the need?
  • Distinction between indemnity clauses and exclusion clauses and limitation of liability clauses
  • Distinction between indemnity and guarantee;Simple indemnity and mutual indemnity

Exclusion clauses in the offshore industry 

  • Drafting clauses to withstand judicial scrutiny; Example clauses
  • The default legal position; Indemnity clauses; Tortuous liability;The Contra Preferendum Rule
  • Incorporation;Construction of the contract; UCTA – core provisions;Recent case law

COURSE FEE

FEE FOR UK, ISTANBUL                             = £4000

FEE FOR MALAYSIA INDIA, UAE, CAIRO   = £3500

 FEE FOR USA                       &am

DATES:

20 Jun - 24 Jun, 2016,
22 Aug - 26 Aug, 2016,
24 Oct - 28 Oct, 2016,
21 Nov - 25 Nov, 2016

IMPORTANT NOTE:

FOR MORE DETAILS WITH RESPECT TO COURSE CONTENT E.T.C, PLEASE SEND YOUR REQUEST TO training@coinmac.org or call +2348023262908,+2348038437312
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