This training course 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

At the end of this training course, participants will:

• Comprehensively understand the different types of energy disputes
• Understand the main dispute resolution clauses energy industry contracts
• Have 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

This CDGA course 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 training course 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

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. 

Day One: Types of Disputes in the Energy Sector

• Overview of the types of energy sector disputes
• State versus state disputes
• State versus state disputes
• Investor–state or state investment disputes.
• Energy Charter Treaty (ECT)
• Company versus company disputes
• Disputes between joint venture participants in contracts
• Disputes between operators and service contractors
• Individual versus company disputes

Day Two: 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/Agreement
• Renewable Energy Transactions/Agreements

Day Three: 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 Four: Analysing 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 Five: Dispute 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

CDGA attendance certificate will be issued to all attendees completing a minimum of 80% of the total course duration.