Understanding, Negotiating and Drafting Oil and Gas Industry Contracts
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.
Falconbury developed this 3-day programme to focus on current best practice and developments in the oil and gas industry. It will serve as either a comprehensive introduction for newcomers or a useful update/refresher for those with experience in the industry.
- 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.
Who should attend?
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.
Programme at a glance...
PART I – Understanding and drafting different types of upstream oil and gas agreements
Introduction and overview of industry
Introduction to the different types of upstream oil and gas agreements
Synthetic acquisition structures
Offshore rig hire agreements
EPC contracts and risk based contracting
PART II – General contract terms and risk allocation
General obligations of the contractor and the company
PART II – General contract terms and risk allocation (continued)
Host Government rights and obligations
Understanding contractual liabilities
PRACTICAL WORKSHOP – Drafting contractual guarantees and bonds
Indemnity and hold harmless clauses
Exclusion clauses in the offshore industry
Termination clauses and disputes
International bribery legislation and its impact on oil and gas contracts
Part III – Negotiation skills
Workshop leader: Rob Maguire
The rise and rise of the negotiator
Practical exercise: Negotiate and succeed
Structure for control
Personal style and negotiation
Practical exercise: Moving into engagement
Influencing and persuasion
is a Restructuring Partner in the London office of Pinsent Masons. He has experience in advising clients on all aspects of restructuring law. He acts for insolvency practitioners, banks, commercial clients, directors and creditors. Richard’s practice is principally in the area of restructuring although he also has particular expertise in trade finance, focusing on issues relating to distressed construction projects, and frequently advises on risk exposure issues. Recently Richard has acted on the Powerhouse administration; he has acted for the owner of a high profile national project in connection with issues arising out of some significant time and cost overruns.
Robert Maguire runs his own consultancy and his experience spans the full range of outsourcing and vendor management issues from determining what to outsource, through developing an appropriate contract strategy and building a performance dashboard to negotiation and conflict resolution to deal with the inevitable management issues that arise in any long-term relationship. Through his consulting, coaching, mentoring and skills development interactions, he helps major organisations in the public, private and not-for-profit sector transform their thinking and approach to their commercial relationships. Robert’s clients span a range of industries including pharma, consumer products, telecoms, transport and public sector both in the UK, the US and the Middle East. He is an accomplished line manager and consultant experienced in all aspects of purchasing and supplier management. Prior to establishing his own consultancy Rob was European Purchasing Manager for Reckitt & Colman plc where he established a European procurement function for the purchase of raw materials and sub-contracted products. He has worked as a consultant at Price Waterhouse and Ernst & Young and has worked with a number of pharma companies including Glaxo Welcome (GSK).
Hamish McArdle is a partner in the international law firm of Baker Botts LLP with many years experience in the UK and international energy sector. He advises clients on all aspects of the energy value chain including large-scale projects and corporate and commercial matters, with a particular focus on those associated with the upstream and midstream oil and gas sectors and LNG. Hamish is recognized in Chambers UK, Who’s Who Legal, and the International Who’s Who Oil & Gas Lawyers. He counsels clients in Europe, Africa, the Middle East and South America.
Dr Ned Swan is Partner at Elborne Mitchell LLP and International General Counsel at IX Power Ltd, and a leading international expert and advisor on energy policy, law and regulation. He has been adviser to the European Commission, Council of European Energy Regulators, national governments, energy markets, energy traders, and major energy firms. He has been a partner at three major international law firms, where he advised on all aspects of the energy business including contracts, joint ventures, concessions, production, refining, purchasing, shipping, trading, environmental issues and litigation. Ned is also a visiting professor at the Faculty of Law at University College London where he originated, and taught the LLM (Master’s degree) course in Regulation of Financial Markets. He is admitted to the New York and US Federal Courts, and is a member of the Energy Institute, and the UCL Energy Institute. The Legal 500 has praised… ‘Ned Swan’s impressive energy related work.’
Nicolas Bonnefoy qualified to practice law both in France and England & Wales. He has focused on mining and upstream oil and gas projects in Africa for 20 years. Nicolas’ experience includes acting for major Japanese, European and North American companies, governments and national oil companies in structuring, securing and implementing acquisitions and disposals of oil and gas and mining assets throughout Africa, as well as the negotiation of farm-in and farm-out agreements and SPAs, exploration and production contracts and other ancillary contracts.
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Continuing professional development
This course qualifies for the following CPD programmes:
- CPD certificate of attendance: 17.50 hours
Previous customers include...
- Advocaat Law Practice
- Ampelmann Operations B.V.
- BP Egypt
- Cairn Energy Plc
- CEPSA E.P. S.A.
- ConocoPhillips (UK) Limited
- Craig Ferguson & Co LLP
- Esso Exploration Angola (Block 15) Ltd
- ExxonMobil Central Europe Holding GmbH
- Fugro-Geoteam AS
- Hurricane Energy plc
- Idemitsu E&P UK Ltd
- INTECSEA UK LTD
- Kentz Canada Limted
- Melrose Resources Plc
- MOBS BUSINESS SOLUTIONS
- Nigeria Sao Tome & PrIncipe (Joint Development Authority)
- Oceaneering Multiflex
- Petrofac Ltd
- Plinacro Ltd
- Premier Oil UK
- Saipem Ltd
- SBM OFFSHORE
- Star Energy Group Ltd
- Sterling Energy (UK) Ltd
- Terminale GNL Adriatico Srl
- Tullow Ghana Ltd
- Wärtsilä France S.A.S
What previous delegates say...
“Insightful and useful”
Lolade Abiola, Contracts Manager, Caverton Helicopters Ltd
“Very practical and useful course.”
Angele Ramsaransing- Karg, Officer SR. Legal Affairs, State Oil Company Suriname NV
“Very interesting discussions, helpful, a lot of things learnt.”
Arailym Kuanyshkereeva, Contracts Specialist III, TengizChevrOil LLP
Justin Uzoma Ezeala, Counsel, Exxonmobil Oil Nigeria Plc
“The speakers were good at getting people involved”
Jacqueline Langerod, Contract Manager, Siemens AS
Anatoly Krasnov, Chief Legal Counsel, Lukoil Overseas Service BV
“Great variety of speakers; different background and experience reflected in presentations”
Ulla Achleitner, Legal Counsel, OMV Gas & Power GmbH
“Excellent course-very useful-practical!”
Mr G P Lourantos, Managing Director, GP Lourantos & Partners E E/Petro-Energy
“Well prepared, knowledgeable speakers with real-world examples.”
Sidney Nijeboer, Contracts Manager, ROSEN Europe BV
“A good course for managers in the oil and gas sector”
BW Dwarkasing, Deputy Director, State Oil Company Suriname
“The training was instructive and covered most of the issues one encounters in drafting and negotiating oil and gas industry contracts”
Olubunmi Akingbehin, Contracts & Legal Advisor, WellManned
“All speakers were very professional in their presentation and interactive work, speaking understandable to all attendants”
Ibrahim Bosto, Assistant General Manager, ENERGOINVEST dd SARAJEVO
“Excellent course ”
Mr G P Lourantos, Managing Director, GP Lourantos & Partners E E/Petro-Energy
“Presentation and slides were very well done and informative”
Sanam Torabi, Process Engineer, Itok Group
“The course was very well conceived”
Dr Guilherme Dode Daniel, , Petr
“Very experienced speakers”
Abdullah Luqman, , Al Suwaidi & Luqman (Yemen Legal)
“Thank you for time and making me a part of this education program. It was indeed a knowledgeable experience ”
Binish Khan, Legal Assistant, DANAGAS