Delegates will understand the components of “the deal”, timing, strategies for gaining the upper hand in negotiations, games opponents play, good vs. bad negotiations and the pitfalls of positional bargaining. After attending this training course, delegates will be better equipped to negotiate profitably with international companies and governments in order to enforceable agreements that contain terms and conditions most productive for their company.

By the end of this training course, participants should be able to:

• The interactions of national legal systems in this field and the contractual frameworks
• The impact of COVID-19 on oil and gas business
• Negotiating contracts profitably post COVID-19
• Understanding boilerplate contractual provisions and the risk associated with these
• Arbitration and Alternative Dispute Resolution (ADR) Techniques

This training course is suitable to a wide range of professionals but will greatly benefit:

• Commercial Managers in the Oil and Gas sector looking to improve their contract negotiation skills and overall commercial performance
• Engineers looking to increase and improve their commercial contracts knowledge
• Legal practitioners in the Oil and Gas Sector looking to increase their knowledge
• Insurance and Risk Managers looking to reduce the legal and contracts risks for their companies
• Academics looking to increase or specialise in the area of Oil and Gas Law
• Government Departments, Policy Makers and Regulators

Participants will increase competencies through a variety of instructional methods including lecture by an experienced practitioner and consultant, exercises, and group discussions covering current practices and their relationship to the implementation of new concepts.

Module One:

The Commercial and Legal Framework

• The Legal System & Fundamental legal principles
• Mandatory elements of a legally enforceable contract
• Contract formation
• Terms and conditions
• Contract terms
• Interpretation of contract terms

Assessing Available Remedies for Breach of Contract in the Oil and Gas Industry

• Rescission
• Compensatory damages
• Consequential and incidental damages
• Liquidated damages
• Specific performance
• Injunctive Relief

Avoiding Risk through Contract Termination Clauses: Lessons from the Oil & Gas Industry

• Common termination clauses
• Penalty provisions
• Avoiding common pitfalls

Module Two:

Understanding Common Oil & Gas Upstream Contracts: Tips Post COVID-19

• Production Sharing Contracts and similar agreements
• Joint Operating Agreements
• Farmout/Farm-in Agreements
• Drilling Contracts
• Service and Supply Contracts

Module Three:

Reducing Risk through Effective Use of Force Majeure Clauses

• Understand the purpose and risks this clause is intended to mitigate
• Avoiding common Force Majeure pitfalls
• Protect yourself from abuse and misuse of this clause
• Mechanics of exercising Force Majeure rights

Assessing and Managing Risk in Oil and Gas Contracts

• Determining and assessing types of risk
• Prioritizing risk
• Developing Risk Minimization Strategies

Module Four:

Avoiding Common Contract Pitfalls & Negotiations

• Review boilerplate classes
• How to negotiate profitably
• Negotiation Case

Insurance & Indemnity in Oil and Gas Contracts

• Issues that must be considered at the pre-contractual phase
• Post contract negotiations
• Examples of various type of indemnity provisions
• Good practice
• Contract drafting exercise – Drafting effective indemnity clauses

Module Five:

Dispute Resolution in Oil and Gas Contracts

• Issues that must be considered at the pre-contractual phase – drafting tips
• Types of dispute resolution vehicles: Negotiation, arbitration, mediation, litigation, expert determination
• Importance of the dispute resolution clause
• Framing the dispute resolution clause
• Ad hoc dispute resolution agreements

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