Day 1 - Tuesday, April 10, 2018

8:00
Registration and Coffee
9:00
Opening Remarks From the Chair

Richard Dinnie
Head of Legal, Gas in Total’s Gas, Renewables & Power Branch.
Total S.A.

9:15
A Changing Landscape – Political, Legal and Other Drivers for Change

Sheharyar Chughtai
Vice President, Project Finance – Asia Pacific
Korea Development Bank

Vladimir Drebentsov
Head of Russia & CIS Economics
BP Russia

Historically LTC’s have been essential for suppliers in order to underpin investment and cash flow. In addition, buyers want security of supply and pricing stability. However, with pricing trends increasingly challenging to predict, flexibility in contract terms are now being increasingly sought by purchasers.

  • Is there a need for Long Term Contracts to ensure that multimillion dollar investments can be carried out and can be justified?
  • Is it possible to guarantee the profitability of these investments if they are not structured in the long term?
  • What are the financial constraints to producing LNG without having agreed on a LTC?
  • How to finance upcoming LNG liquefaction and re-gas projects in this ever-changing environment? What are the key risks and potential mitigating factors?
  • What are the current trends for existing contracts? How the lack of a harmonised regulation for the Asian market is impacting upon LTC
  • How will the uncertainty for both buyers and sellers impact price negotiations within the Asian market?
  • Possible erosion of gas market share from electricity – will gas demand continue to grow? What is the future of LNG to power projects in Asia?
  • Government policy landscape for LNG contracts, procurement and LNG to power projects in Asia
  • Competitor landscape

10:15
Morning Refreshments
10:45
Evaluating Current Contract Trends in Asia: How Sustainable is the Momentum Towards Shorter Term Agreements?

Christophe Malet
Senior Vice President Upstream
Hanas LNG Supply & Trading

Madjid Kübler
Managing Director
Team Consult

  • Increasing short term and spot deals – will this trend continue and what will it mean for the industry?
  • How is price volatility affecting contract terms?
  • Should buyers sign long term deals? Why? What’s the benefit?
  • What is the new dynamic of supply contracts in the short term and how is it working?
  • Can increasing the flexibility of LTC’s make them more attractive? How to do this successfully – making them more attractive in a buyer’s market
  • Is not being a single market a hindrance when considering LTC’s? Or an advantage?
  • What will happen after 2020?

11:45
Procurement and Portfolio Optimization in an Era of Abundance and Flexibility

Chris Goncalves
Chair and Managing Director
BRG Energy

12:30
Networking Lunch
1:30
Price Revision and Re-Opener Clauses – Ensuring Yours are Effective

Konstantin Christie
Partner
Attorney at Law

Peter & Partners

Anthony Way
Executive Director
The Energy Contracts Company

  • Optimizing the use of flexibility provisions within individual contracts and overall portfolios
  • Pricing vs Supply vs Flexibility – who wins?
  • Challenges of setting Long Term expectations for prices in a contract: finding ways to have the flexibility to adjust to important changes in the market
  • Which method is most effective – commercial negotiation, formal price review or commercial arbitration?
  • How to resolve the expectation gap between sellers and buyers arising from the mutually acceptable price via negotiation?

2:30
Hybrid pricing on global gas market

Valery Nemov
Deputy Head of Contract Structuring and Pricing Directorate
Gazprom Export LLC

3:15
Afternoon Refreshments
3:45
Watertight Gas Supply Contracts — Avoid Re-Negotiations and Disputes

Ali Nasir
Legal Manager
Premier Oil Indonesia

Krishna Agithama Wartadiredja
Legal Counsel
Pertamina Hulu Energi ONWJ

  • Changing the terms of contracts:
    • Greater flexibility on quantities
    • Take or pay commitments – looming potential for liberalisation
    • Right to divert cargoes
    • Default/Force Majeure
    • Credit Security
    • Age Price Reviews
  • Risk Management

4:30
The Influence and Importance of Competition Law

Richard Dinnie
Head of Legal, Gas in Total’s Gas, Renewables & Power Branch.
Total S.A.

  • Why competition law is relevant to the marketing of LNG and Gas
  • The role of competition law in developing gas markets. The European experience
  • Destination clauses & profit-sharing mechanisms
  • Recent developments in the Asia-Pacific. How might this play out?

5:15
Chair’s Closing Remarks and End of Day One
5:30
Networking Drinks Reception

Sponsored By:

Day 2 - Wednesday, April 11, 2018

8:30
Morning Coffee
9:00
Opening Remarks From the Chair

Chris Goncalves
Chair and Managing Director
BRG Energy

9:15
Gas Price Disputes: Lessons Learnt From Europe

Dr. Johannes Willheim
Partner
Jones Day

By sharing the lessons learnt by high profile European gas pricing disputes, this session will help draw upon the experiences of the various parties involved and examine how they can be applied to the Asian Market.

  • Successfully using the knowledge gained from watching the European market to navigate your way through contract writing and revising
  • Understanding the differences and similarities between the European and Asian markets and knowing which European experiences can be applied in the context of the Asian market
  • What is the role of legal firms going forward in supporting the market players?

10:15
A Culture of Negotiation Behind Closed Doors – What, If Any, Difficulties or Opportunities Does That Present?

Ivelina Boneva-Rensink
Legal and Regulatory Affairs Advisor
Gasterra NL

  • Stages of the gas price review process
  • Confidentiality and its implications
  • Running a smooth in-house process
  • Managing external resources

11:00
Morning Refreshments
11:30
What are the Pre-Arbitration Mechanisms That Must Be Complied With?

Kevin Nash
Deputy Registrar & Centre Director
Singapore Arbitration Committee

Konstantin Christie
Partner
Attorney at Law

Peter & Partners

  • The extent to which pre-contractual mechanisms are binding on parties
  • What sanctions can be applied in the event that they are not complied with?
  • What triggers a gas price review?
  • What are the issues and responsibilities when you are dealing with high volumes (no one wants to assume responsibilities)
  • Risk Assessment on the advantages of having the dispute resolved by an independent third-party vs continuing with the negotiations?
  • What is the experience now of the companies who have invested time and resources on arbitration? Are there better ways to reset these contracts?
  • Preparing for arbitration: who should the arbitrators be? What should the arbitral body be?

12:15
Be Ready for a Price Dispute When It Arrives

Matthew Secomb
Partner
White & Case

  • Overview of the Dispute Resolution Process
  • Commercial Arbitration can be a cumbersome process. How can the Dispute Resolution Process be used as an alternative?
  • A look at GAIL India Limited’s experiences in price re-negotiation
  • Mitigating risks

1:00
Networking Lunch
2:15
Destination Clauses are No More in Japan. Will the Rest of Asia Follow Suit?

Keiji Takiguchi
Deputy Director
Ministry of Economy, Trade and Industry - Japan

Richard Dinnie
Head of Legal, Gas in Total’s Gas, Renewables & Power Branch.
Total S.A.

  • What impact does this have on regulatory regimes?
  • How the volumes from Australia are influencing LTC?
  • Negotiating with Qatar: Europe vs Asia
  • Regional dynamics – navigating successfully

3:00
Comparing and Contrasting the Sale of LNG in Asia – How Long Will It Be a Buyers’ Market?

Chikako Ishiguro
Senior Analyst
Osaka Gas Company Ltd.

Kerry-Anne Shanks
Formerly of Shell & Wood Mackenzie

  • Long term supply vs demand picture – accurate forecasting and the impact, will there be a crunch in the early 2020’s?
  • Understanding the dynamics of negotiating with various participants
  • Impact on the negotiation of LTC of the relationship basis and the way in which people approach contracts
  • What’s the cost for Australians vs. the cost for Qataris?

3:45
Chair’s Closing Remarks and End of Congress