15 - 19 Mar 2020, Dubai

Dispute MANAGEMENT & AVOIDANCE

in the ENERGY SECTORAn Insight to International & Commercial Arbitration in the Energy sector

INTRODUCTION

The Energy Industry invests in large, complex, capital-intensive

projects that have long life spans. Circumstances, economics,

governments and parties invariably change in these energy

projects, which can often lead to disputes. The result is that the

international energy sector, along with its associated construction

projects, makes up the largest portfolio of international

commercial and state investment disputes in the world.

Disputes are therefore a significant risk in any international energy

project. The risk is not whether a project will have a dispute, but

rather in how well a party can manage that dispute to get a

satisfactory result.

Parties therefore need to continually manage that risk from

the inception of the deal through to the point when a dispute

arises and is eventually resolved. This GLOMACS training seminar

provides the knowledge and tools to do so.

Energy disputes often have a very high monetary value, a strong

public interest and a cross-border character, due to the origin of

the parties involved. How Alternative Dispute Resolution (ADR)

can lead to better and often quicker decisions, enhanced certainty,

more procedural flexibility, potential cost savings, and other

efficiencies. ADR will allow the industry, including businesses,

regulators, and consumers, to take more control over its destiny

and create workable solutions fitting individual circumstances.

This GLOMACS Dispute Management & Avoidance in the Energy

Sector training seminar will give participants working knowledge

of the full range of ADR options from facilitation, arbitration,

mediation, med-arb, early neutral evaluation and expert

determination.

This GLOMACS training seminar will highlight:

• The Fundamental Types of Disputes in the Energy Sector

• The Methods of Dispute Resolution Methods Available

• Benefits of ADR in resolving Energy Disputes

• Analysing Conflicts and choosing ADR Approaches

• Dispute Avoidance by Improving Conflict Management Skills

& Awareness

OBJECTIVES

At the end of this GLOMACS training seminar, you will:

• Comprehensively understand the different types of energy

disputes

• Understand the main dispute resolution clauses energy

industry contracts

• In-depth knowledge of ADR mechanisms

• Have a full awareness of conflict resolution options

• Acquire conflict management skills for avoidance and

settlement of energy disputes

TRAINING METHODOLOGY

Participants will gain greater understanding of the subject matter

through presentations by an experienced international practitioner

designed to both inform and broaden the perspectives of the

participants. Recent case studies will be reviewed and discussed.

Participants will participate in interactive discussions on how to

resolve and manage conflicts. Dispute avoidance measures will

be explored and analysed.

ORGANISATIONAL IMPACT

The organisation will benefit by:

• Creating awareness amongst their relevant personnel on

different dispute resolution methods available to resolve

energy disputes

• Saving costs and management time in resolving disputes by

using Alternative Dispute Resolution process

• Providing senior management with options available to deal

with energy disputes

• Analysing and strategizing on the best approach to avoiding

disputes and managing the disputes once it has arisen

PERSONAL IMPACT

Attendees will gain by participation in this GLOMACS training

seminar as a result of:

• Improved understanding of how best disputes can be

resolved

• Understanding the overarching legal and pragmatic goals to

managing disputes

• Knowing their role in helping to avoid and or manage

disputes.

• Better prepared to face disputes hands-on and having

hands-on skills to deal with difficult issues

• Knowing how ADR can be used to resolves disputes and save

on the high legal costs and minimize management time

spent on resolving disputes

WHO SHOULD ATTEND?

This GLOMACS Dispute Management & Avoidance in the Energy

Sector training seminar will benefit all levels of personnel involved

in resolution of energy industry disputes. It will enable a broad

range of disciplines to appreciate and understand the complexities

of conflict management and resolution for the energy sector.

This GLOMACS training seminar is appropriate to a wide range

of professionals but will greatly benefit:

• Legal Managers, Legal Counsel

• Commercial and Business Managers

• Contracts Administrators and Managers

• Commercial, Financial and Insurance Professionals

• Project and General Management

Dispute MANAGEMENT & AVOIDANCE in the ENERGY SECTORAn Insight to International & Commercial Arbitration in the Energy sector

SEMINAR OUTLINE

DAY 1Types of Disputes in the Energy Sector

• Overview of the Types of Energy Sector Disputes

• State vs. State Disputes

• Investor – state or state investment disputes

• Energy Charter Treaty (ECT)

• Company vs. Company Disputes

• Disputes between Joint Venture Participants in Contracts

• Disputes between Operators and Service Contractors

• Individual vs. Company Disputes

DAY 2

Conflicts Arising Under Energy Agreements • Types of Energy Agreements and Dispute Resolution

Mechanisms

• Purchase and Sale of Energy Commodities and/or related

Financial Energy Transactions (Standardized Agreements)

• Tolling Transactions / Agreements & Fuel-Supply Transactions /

Agreements

• Off-Take and Power Purchase Transactions / Agreements

• Transmission and Transportation Transactions / Agreements

• Operations & Maintenance (O&M) Transactions / Agreements

• Engineering, Procurement and Construction (EPC) Transactions

/ Agreements

• Energy Project Development Financing Transactions /

Agreements

• Traditional Energy Asset Acquisition and Divestiture

Transactions / Agreements

• Energy Risk Management Service Transactions / Agreements

• Renewable Energy Transactions / Agreements

DAY 3

Benefits of ADR in Resolving Energy Disputes • Types of ADR Processes

• Mediation

• Conciliation

• Arbitration

• Ad-hoc and Institutional Arbitration

• Venue of Arbitration

• Expert Determination

• Enforcement of Award

• ADR Benefits

• Promotes Creative Solutions

• Promotes Efficient Decision-Making by Regulatory

Agencies

• Preserves Relationships

• Promotes Good Business

• Saves Time and Money

• Provides Benefits Even Without Full Settlements

• Case studies: Review of recent cases

DAY 4Analysing Conflicts and Choosing ADR Approaches

• Fit the “Forum to the Fuss”

• ADR Suitability Guide

• Overarching Legal, Pragmatic Goals for Managing Dispute

• Suitability of the Dispute for Problems Solving

• Potential Benefits of ADR for a Particular Case

• Group Exercise: Sample Agreements and Clauses for Using

ADR

• Group: Model State Resolution

DAY 5Dispute Avoidance by Improving Conflict Management Skills & Awareness

• Role of Government / Regulatory Agency

• Knowledge of Range of ADR Options

• Company Personnel Expertise in ADR Process

• Savings on Legal Costs and Management Time

• Preference of Dispute Resolution Mechanisms

• Use of ADR to Avoid Energy Disputes

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PAYMENT DETAILS

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CERTIFICATION

Successful participants will receive GLOMACS’ Certificate of Completion

P.O. Box 74653 Dubai, U.A.E.T: +971 (04) 425 0700 | F: +971 (04) 425 0701E: info@glomacs.com | W: www.glomacs.com

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Code Date Venue FeesCM024 15 - 19 Mar 2020 Dubai $5,950

4 WAYS TO REGISTER

Tel: +971 (04) 425 0700 Fax: +971 (04) 425 0701Email: info@glomacs.comWebsite: www.glomacs.com

TERMS AND CONDITIONS

• Fees – Each fee is inclusive of Documentation, Lunch and refreshments served during the entire seminar.

• Mode of Payment – The delegate has the option to pay the course fee directly or request to send an invoice to his/her company/sponsor. Credit card and cheque payments are both acceptable.

• Cancellation / Substitution – Request for seminar cancellation must be made in writing & received three (3) weeks prior to the seminar date. A US$ 250.00 processing fee will be charged per delegate for each cancellation. Thereafter, we regret that we are unable to refund any fees due, although in such cases we would be happy to welcome a colleague who would substitute for you.

• Hotel Accommodation – is not included in the course fee. A reduced corporate rate and a limited number of rooms may be available for attendees wishing to stay at the hotel venue. Requests for hotel reservations should be made at least three (3) weeks prior to the commencement of the seminar. All hotel accommodation is strictly subject to availability and terms and conditions imposed by the hotel will apply.

• Attendance Certificate – a certificate of attendance will only be awarded to those delegates who successfully completed/attended the entire seminar including the awarding of applicable Continuing Professional Education Units/Hours.

• Force Majeure – any circumstances beyond the control of the Company may necessitate postponement, change of seminar venue or substitution of assigned Instructor. The Company reserves the right to exercise this clause and implement such amendments.

• Fair Access / Equal Opportunities – In the provision of its services as a world-class Training Provider, the Company is committed to provide fair access / equal opportunities throughout the delivery of its courses and assessment leading to the completion of training seminars, or 3rd party qualifications/certifications.

Dispute MANAGEMENT & AVOIDANCE in the ENERGY SECTORAn Insight to International & Commercial Arbitration in the Energy sector