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Oil and Gas Agreements: Effective Legal Negotiation and Dispute Resolution
19th November 2018 - 21st November 2018
Tension will arise between the parties to a contract, particularly with a contract which involves multiple interactions between the parties over time, and it is inevitable that such tension will lead to disputes and difference that need to be resolved as part of the contract process.This is particularly the case with oil and gas contracts.The workshop will introduce delegates to the reasons why disputes and differences arise under various types of oil and gas contracts, what might be done to reduce the likelihood of them arising, and what might be done to resolve them when they do arise.
Delegates will also be introduced to the concept of trust, the role trust plays in the life-cycle of a contract, the feedback cycle and the resolution of disputes and differences and why it is that a party honours its obligations liabilities under a contract. They will also consider the “shadow of the law” that relates to contracts and touch on the concepts of good faith and ethicality. Delegates will also be introduced to various processes that may be called upon to assist in the resolution of disputes and differences once they have arisen, including:
- expert determination
Attention will be given to the effect these processes have on the maintenance of trust and the relationship between the various stakeholders in the contract relationship.Finally, delegates will be introduced to processes they could implant into the contract framework which are aimed at building trust and reducing the tension that leads to disputes and difference. Attention will be given to processes that make positive use of the contract framework to shape the behaviour of the parties and their respective stakeholders.To facilitate the discussion of why disputes and differences arise under contracts, the role of trust, the various processes that may be called upon to assist in the resolution of disputes and diff erences, and the processes that might be implanted in contracts, delegates will participate in a number of simulation exercises and the debriefing of them and in the review of a number of case studies.
Who Should Attend
- Those involved in procurement
- Those involved in contract negotiation
- Those involved in the negotiation process
- Lawyers in oil and gas sectors
- *There are no pre-reading required, delegates may be required to read some of the simulation exercise materials in the evenings to be prepared to participate in the simulation exercises the next day.
Key Learning Objectives
- The life-cycle of a contract: planning, procuring, managing, termination and review
- The feedback cycle that takes place during the management of a contract: learning, adapting, adjusting, and reconfiguring or termination
- The contract relationships: the stakeholders
- Individual, group and organisational behavioural and psychological factors and the role they play in the
- feedback cycle and the management of a contract
- How a contract can shape behaviour: individual, group and organisational behaviour
- Incomplete contracts