Day 1 - Tuesday, January 24, 2017

A Deep Dive into the Energy Charter Treaty Increase Protection of your Energy Investments

Jan 24, 2017 8:00am – 10:00am

Speakers

Alejandro Carballo Leyda
General Counsel
Energy Charter Secretariat

10:10
Opening Remarks from the Chair
10:15
How Has the Disputes Environment Changed in the Current Financial Climate?
11:00
Morning Refreshments
11:15
The Impact of Insolvency of a Contracting Party: What Can You Do Under Your Agreement?
11:45
Decommissioning Liability – A Growing Concern
12:30
Networking Lunch
2:00
The Difficulties of Marshalling the Evidence: Best Practise for Legal and Technical Preparations When Bringing a Claim
3:00
The Perennial Dispute: Has the Nature of Joint Operating Disputes Changed?
3:45
Afternoon Refreshments
4:15
Application and Analysis of Force Majeure Clauses
5:00
Managing and Resolving Disputes arising under EPCM Contracts
5:45
Chair’s Closing Remarks
5:50
Networking Drinks Reception hosted by Quadrant Chambers

Day 2 - Wednesday, January 25, 2017

8:30
Registration and Coffee
9:00
Opening Remarks from the Chair
9:10
Upstream Construction Disputes
10:10
Disputes over Drilling Contracts
11:00
Morning Refreshments
11:30
International Law and State Immunity – How to Get More than a Pyrrhic Victory
12:30
Networking Lunch
2:00
THE VIEW FROM IN-HOUSE: AN INSIDE PERSPECTIVE ON THE CURRENT UPSTREAM DISPUTES LANDSCAPE
3:00
Impact of the M&A Slowdown on the Disputes Environment
3:25
Afternoon Refreshments
3:45
Is it Possible to Avoid Disputes in the Current Climate? Strategy Planning and “Future Proofing”
4:30
Chair’s Closing Remarks
4:40
End of Conference

Day 1 - Tuesday, January 24, 2017

10:10
Opening Remarks from the Chair

David Mildon QC
Barrister
Essex Court Chambers

10:15
How Has the Disputes Environment Changed in the Current Financial Climate?

Steve Wilson
Oil and Gas Consultant
(Former General Manager of Chevron Corporation)

Wilson Petroleum Consulting

Liz Bossley
CEO and Energy Trading Consultant
Consilience Energy Advisory Group

Moderator

Craig Tevendale
Partner and Head of Arbitration Group
Herbert Smith

  • What kind of challenges are we now facing?
  • Deferment of projects already conceived or tendered
  • Suspension of projects let or commenced
  • Deliberate slowing down of let projects
  • How to deal with reluctance of OIC’s to allow contract amend ments even where they are due
  • Taxation Increases
  • Service contract disputes
  • How to deal with refusals to extend the works or increase bud gets where necessary
  • How are people responding?
    • Fighting the cost and time implications of changes or delayed events
    • Taking disputes to third party settlement rather than settling face to face
    • Better negotiating
  • How to move forward in a choppy landscape

11:00
Morning Refreshments
11:15
The Impact of Insolvency of a Contracting Party: What Can You Do Under Your Agreement?

Noradèle Radjai
Partner
LALIVE

Scott Vesel
Partner
Three Crowns

  • Consideration of pressures on the relationship in the current climate
  • Liquidity issues
  • Pressure to discount on current contracts
  • Distressed sales
  • Market response
  • Legal restrictions under the contract and on the parties
  • What options are available and proving to be effective?
  • Advanced asset tracing
    • Understanding where your opponent is based and their true position
  • Consideration of disputes in national courts
  • Restructuring options
    • What is the driver for the best approach to restructuring your business?
    • How is “contentious restructuring” working in practice?

11:45
Decommissioning Liability – A Growing Concern

Terry Kimber
Director
The Decommissioning Group

Ben Holland
Partner
Squire Patton Boggs

Oliver Dunn
Director M&A - Oil and Gas
EY

  • What are the standard decommissioning legal obligations under English law?
  • Why is early de-commissioning becoming such a problem?
    • Security spread over shorter timeframe
    • Serious funding challenges
    • Increasing number of disputes over amount of security set aside
  • Disputes over how funds are calculated
  • How to ensure there is sufficient security set aside to cover the liabilities
  • Guidance on strengthening your position in these circumstances
    • Resolving disputes through expert determination

12:30
Networking Lunch
2:00
The Difficulties of Marshalling the Evidence: Best Practise for Legal and Technical Preparations When Bringing a Claim

Gervase MacGregor
Head of Advisory
BDO

Philip Haberman
Senior Partner
Haberman Ilett

Ben Giaretta
Partner and Chartered Arbitrator
Ashurst

Chris Longman
Director
SLR Consulting

  • Presentation of quantum evidence (to include all reporting matters)
  • The importance of the model
  • Rules for model design
  • Transparency if inputs
  • Interaction with technical experts
  • Agreement of models by experts
  • Adjusting models for rulings by the Tribunal
  • What happens when the rules are not adhered to?

3:00
The Perennial Dispute: Has the Nature of Joint Operating Disputes Changed?

Jamie Dykes
Chief Compliance Officer
New Age (African Global Energy) Ltd

John Gilbert
Partner
K&L Gates

John Murray
Legal Manager
Premier Oil

Moderator

Ted Greeno
Partner
Quinn Emanuel Urquhart & Sullivan LLP.

How has the drop in oil prices impacted on the types of JOA disputes we are seeing?

  • Same old disputes or a new disputes environment?
  • What are the most pressing sources of contention?
    • Payment for marginal costs being squeezed
    • Intentional slowdown of activity by the parties
    • Slowdown in M&A activity generally
  • Ongoing issues around farm in and farm outs
  • How are defaults being dealt with in reality if they can’t be remedied in the required time limits?

3:45
Afternoon Refreshments
4:15
Application and Analysis of Force Majeure Clauses

Professor Paul Griffin
Senior Adviser and Counsel
White & Case

Michael Ashcroft QC
Barrister
20 Essex St

  • Analysis of Force Majeure in the context of the drop and sus tained lowering of oil prices
  • Applicable law– how the drafting of your clause could impact on your position
    • Governing law position
    • What if no stipulated law?
    • Combined clause incorporating stipulated governing law and principles of international law
  • Force majeure events
    • What should be included in which situations?
    • Can you negotiate over drafting and use the clause more ef fectively?
  • Establishing causality
  • Arbitration perspective
    • What will be relevant if a dispute goes to tribunal
  • Consideration of recent and relevant decisions

5:00
Managing and Resolving Disputes arising under EPCM Contracts

Dr. Johannes P. Willheim, M.B.L.-HSG, LL.M. (Chicago)
Partner
JONES DAY® - One Firm Worldwide℠

  • Contracting Strategies for Plant & Infrastructure Projects in the Oil & Gas Industries
  • The key differences between EPC and EPCM Contracts
  • The rationale for using EPCM contracts
  • Types of Disputes arising under EPCM Contracts
  • Drafting a proper Dispute Prevention and Resolution Clause
  • Managing and Resolving Disputes during Project Implementation (including Claims Management)
  • Managing and Resolving Disputes after Project Implementation

5:45
Chair’s Closing Remarks

David Mildon QC
Barrister
Essex Court Chambers

5:50
Networking Drinks Reception hosted by Quadrant Chambers

Day 2 - Wednesday, January 25, 2017

8:30
Registration and Coffee
9:00
Opening Remarks from the Chair

Nigel Cooper QC
Barrister
Quadrant Chambers

9:10
Upstream Construction Disputes

Lionel Persey QC
Barrister
Quadrant Chambers

Will Marshall
Partner
Ince & Co

Shareena Edmonds
Partner
Reed Smith

  • Common causes of construction disputes in the current climate
    • Cancellation of ordered equipment
    • Delayed acceptance
    • Delayed payment
    • Non payment
  • Who is ultimately responsible?
  • Recent cases
  • How to anticipate and prevent construction disputes
    • What to consider during the negotiation stage
    • What kind of provisions can go into the contract to protect your position?
  • Guidance on resolving construction disputes

10:10
Disputes over Drilling Contracts

Nigel Cooper QC
Barrister
Quadrant Chambers

Dominic Roughton
Partner
Herbert Smith

  • Current market impact on drilling companies
  • Where are drilling disputes coming from?
    • Squeezing on day rates
    • Delays
    • Failure to drill wells correctly
  • Risk allocation provisions
  • Remuneration in your contract
  • Analysis of recent cases
  • How are these being resolved?

11:00
Morning Refreshments
11:30
International Law and State Immunity – How to Get More than a Pyrrhic Victory

Professor Kaj Hobér
Arbitrator
3 Verulam Buildings

Darya Shirokova
Deputy Counsel
International Court of Arbitration

Professor Dan Sarooshi
Barrister
Essex Court Chambers

Moderator

Graham Coop
Partner
Volterra Fietta

  • The nature of State immunity and the impact on:
    • Court action
    • Enforcement
  • Yukos Case
  • If you win your dispute you may still not be able to enforce – what are your options?
  • Enforcing awards around the world
  • How to improve your position
    • Waivers of immunity clauses incorporated into contracts
    • Obstacles to this – negotiating State agreement
    • Adopt a realistic approach to potential disputes
    • Arbitration laws as a waiver of immunity
    • Analysis of different approaches taken by the courts in various countries
    • How could law makers facilitate the relationship between the parties?

12:30
Networking Lunch
2:00
THE VIEW FROM IN-HOUSE: AN INSIDE PERSPECTIVE ON THE CURRENT UPSTREAM DISPUTES LANDSCAPE

Daniele Novello
Head of Legal and Corporate Affairs
Total Italia

Chris Brierly
Legal Counsel for Dispute Resolution
BP

Moderator

David Mildon QC
Barrister
Essex Court Chambers

Listen to our distinguished senior in-house panel share their insight and experience of the upstream disputes landscape and how they see it developing.

3:00
Impact of the M&A Slowdown on the Disputes Environment

Matt Bonas
Partner
Bird & Bird

Garreth Wong
Partner
Bird & Bird

  • New driver for both buyers and sellers in the market
    • How is the market responding on the M&A front?
  • Downsizing and asset selling
  • Potential for new opportunities for asset purchase if blocked capital is released
  • New parties looking to enter and invest in the sector

3:25
Afternoon Refreshments
3:45
Is it Possible to Avoid Disputes in the Current Climate? Strategy Planning and “Future Proofing”

Andy Moody
Partner
Baker & McKenzie

Joe Tirado
Partner
Garrigues

  • Future trends – where is the market going commercially?
  • How will sustained lower oil prices bode for potential disputes and those already happening?
  • Traditional methods of resolution
    • Arbitration or litigation?
  • Are alternatives being used in the current crisis?
  • How can you strategically time your claims to be in the best position?
  • Jurisdictions to choose – is forum shopping beneficial?
  • How to make your contract as watertight as possible and improve your position

4:30
Chair’s Closing Remarks

Lionel Persey QC
Barrister
Quadrant Chambers

4:40
End of Conference

A Deep Dive into the Energy Charter Treaty Increase Protection of your Energy Investments

Jan 24, 2017 8:00am – 10:00am

Alejandro Carballo Leyda
General Counsel
Energy Charter Secretariat

What is it about?

8:00   Registration and Coffee

In the aftermath of Yucos and the ongoing suppression of oil prices, the energy market remains volatile and project structuring is riskier than ever. Whether you are about to start new projects in the energy sector or are concerned your existing project structuring is not as effective as it could be, join our highly practical and in depth masterclass to learn how to settle disputes and reduce your commercial risk when investing in the energy market.

This masterclass is designed to be participative throughout. The agenda will combine key formal presentations, case studies and syndicate discussion sessions. There will be ample opportunity for delegates to benchmark experiences with industry peers and raise issues of most concern to their organisation, either confidentially or in open session.

Attending this workshop will enable you to:

  • Understand how to use the Treaty from the outset to structure projects in the most effective and optimal manner
  • Acquire, an appreciation of how disputes can be settled using the Energy Charter Treaty
  • Learn about the workings of arbitration under the Treaty when resolving disputes including investor-state arbitration and inter-state arbitration
  • Identify specific situations when you can invoke it in order to protect your investments
  • Benefit from knowing when you can rely on the Treaty in contentious situations
  • Understand when and how you could benefit from better protection when drafting contracts

Dr Alejandro Carballo (LLB with Economics, Certificate on international conflicts, LLM, European PhD in international law, Harvard Program on Negotiation) is the current General Counsel of the International Energy Charter. Alejandro is in charge of the discussions regaring modernisation and improvement of ECT dispute settlement mechanisms. Under his guidance, the Energy Charter Conference has endorsed a Guide on investment mediation (drafted with support of the IMI, ICSID, SCC, ICC, PCA and UNCITRAL), an amendment to the transit conciliation rules (with a commentary) and is discussing the current application of the standards of investment protection. The Secretariat is also successfully promoting its good offices in relation to energy disputes.

Previously, he worked for an international law firm where he advised states and private clients on a wide range of public international law issues. Alejandro has been a Visiting Fellow at the University of Cambridge and lectured in Public International Law. He was a member of the Executive Council of the American Society of International Law, and participated in the working groups of UNIDROIT Principles of International Commercial Contracts and the Hague Conference Principles on Choice of Law in international contracts.

£595