CDGA

Dispute Management & Avoidance in the Energy Sector

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 course 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 training course will give participants working knowledge of the full range of ADR options from facilitation, arbitration, mediation, med-arb, early neutral evaluation and expert determination.

The Training Course Will Highlight ?

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

Training Objective

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

Target Audience

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

Training Methods

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.

Daily Agenda

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

Accreditation

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

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Course Rounds : (5 -Days)

Code	Date	Venue	Fees	Register
PM197-03	13-10-2024	Cairo	USD 5450
PM197-05	08-12-2024	Dubai	USD 5450

Dispute Management & Avoidance in the Energy Sector

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Course Rounds : (5 -Days)

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