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Managing Disputes in the African Oil & Gas Sector

 

(Including: international boundary disputes, disputed investor rights, and contractual disputes)

 

Overview

 

In the light of the previous decisions of such third party adjudicatory bodies, this Masterclass will also look at how certain key provisions of African upstream petroleum agreements may be most effectively drafted in the future.

 

In this age of diminishing natural resources, the world’s petroleum reserves are increasingly hotly contested and this is particularly so in resource-rich Africa. As such, the oil and gas sector gives rise to more and higher value international disputes - whether at a State-to-State level, at a State/NOC-to-IOC level or at an IOC-to-IOC level. These disputes come in a wide range of shapes and sizes, including as regards disputed boundaries, disputed investor rights and disputed performance of petroleum agreements. This Masterclass will examine how these disputes arise in Africa, how they may affect petroleum operations and how they may be satisfactorily resolved before international courts and arbitral tribunals.

 

Why Should You Attend?

 

•      Understand how international boundary disputes arise and impact upon the African oil and gas sector, and what options exist to resolve such disputes

•      Learn about the operation of Bilateral Investment Treaties (BITs): How do they offer protection to investors in the African oil and gas sector? How do they lead to investment arbitrations?

•      Consider the available dispute resolution options under your upstream contracts in Africa; why is international arbitration usually favoured?

•      Discover which provisions commonly give rise to disputes under upstream agreements. How can you best draft key clauses to manage risk?

     

 

 

About the workshop leaders

 

Rodman Bundy (Partner at Eversheds) has over 30 years experience as counsel and advocate in high profile public international law litigations and international arbitrations, including appearances before the International Court of Justice, the Iran-US Claims Tribunal and various ad hoc, ICSID and ICC arbitral tribunals. Rodman lectures on international boundary disputes at King’s College, London University, and is a frequent speaker at conferences and workshops on issues of public international law. He is also the author of various articles on such matters. He frequently advises oil and gas companies and State enterprises on issues concerning African upstream activities, including disputed boundaries, negotiation of PSAs and establishment of unitization and joint development regimes.

 

Will Thomas (Partner at Eversheds) specialises in public international law, investment arbitration and international commercial arbitration. He has particular experience in the oil and gas sector, in which his clients include States, State-owned entities and private multinational companies. Will’s contentious experience includes advising and representing parties in proceedings before the International Court of Justice and the Iran-U.S. Claims Tribunal. He has also represented parties in numerous institutional and ad hoc arbitral proceedings. Will’s non-contentious practice includes advising both IOCs and NOCs on issues of international law and the drafting of upstream petroleum agreements. He is a regular speaker, including at the International Boundaries Research Unit (IBRU), at the International Foundation for the Law of the Sea (IFLOS) and at oil and gas industry conferences.

 

Andy Moody (Senior Associate at Evershedsspecialises in international arbitration, international litigation and international law. Andy has advised on many international disputes in the energy sector and previously undertook a secondment at Eni Gas and Power in Milan. Andy has conducted international arbitrations in London, Paris, Singapore, Stockholm, Geneva and Washington DC under the ICC, LCIA, UNCITRAL, SIAC, CAS, ICSID and LMAA arbitration rules.

 

Company overview

 

Eversheds LLP and its worldwide offices have over 4,500 people providing services to the private and public sector business and finance community. Access to all these services is provided through 47 international offices in 29 jurisdictions. Eversheds combines local market knowledge and access with the specialisms, resources and international capability of one of the world’s largest law firms. Our unique combination of many years’ experience in Africa, our office in South Africa and our longstanding relationships with local law firms in over 40 African countries, means that our clients receive a consistent, tailored and high level of service wherever they need to do business in Africa. We are experts in acting as pan-African project managers for our clients. www.eversheds.com

 

Workshop programme

9:00 Registration & Coffee

9:30 Boundary Disputes in the African Oil and Gas Sector

10:30 Morning Coffee

11:00 Bilateral Investment Treaties and Investment Arbitration in Africa

12:00 Networking Lunch

13:00 Contractual Dispute Resolution Under African Upstream Petroleum Agreements

14:00 Afternoon Tea

14:30 Drafting Key Contract Clauses to Manage Risk/Stabilisation and Force Majeure

15:30 Close of Workshop

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WHAT IS CPD?

CPD stands for Continuing Professional Development’. It is essentially a philosophy, which maintains that in order to be effective, learning should be organised and structured. The most common definition is:

‘A commitment to structured skills and knowledge enhancement for Personal or Professional competence’

CPD is a common requirement of individual membership with professional bodies and Institutes. Increasingly, employers also expect their staff to undertake regular CPD activities.

Undertaken over a period of time, CPD ensures that educational qualifications do not become obsolete, and allows for best practice and professional standards to be upheld.

CPD can be undertaken through a variety of learning activities including instructor led training courses, seminars and conferences, e:learning modules or structured reading.

CPD AND PROFESSIONAL INSTITUTES

There are approximately 470 institutes in the UK across all industry sectors, with a collective membership of circa 4 million professionals, and they all expect their members to undertake CPD.

For some institutes undertaking CPD is mandatory e.g. accountancy and law, and linked to a licence to practice, for others it’s obligatory. By ensuring that their members undertake CPD, the professional bodies seek to ensure that professional standards, legislative awareness and ethical practices are maintained.

CPD Schemes often run over the period of a year and the institutes generally provide online tools for their members to record and reflect on their CPD activities.

TYPICAL CPD SCHEMES AND RECORDING OF CPD (CPD points and hours)

Professional bodies and Institutes CPD schemes are either structured as ‘Input’ or ‘Output’ based.

‘Input’ based schemes list a precise number of CPD hours that individuals must achieve within a given time period. These schemes can also use different ‘currencies’ such as points, merits, units or credits, where an individual must accumulate the number required. These currencies are usually based on time i.e. 1 CPD point = 1 hour of learning.

‘Output’ based schemes are learner centred. They require individuals to set learning goals that align to professional competencies, or personal development objectives. These schemes also list different ways to achieve the learning goals e.g. training courses, seminars or e:learning, which enables an individual to complete their CPD through their preferred mode of learning.

The majority of Input and Output based schemes actively encourage individuals to seek appropriate CPD activities independently.

As a formal provider of CPD certified activities, SMI Group can provide an indication of the learning benefit gained and the typical completion. However, it is ultimately the responsibility of the delegate to evaluate their learning, and record it correctly in line with their professional body’s or employers requirements.

GLOBAL CPD

Increasingly, international and emerging markets are ‘professionalising’ their workforces and looking to the UK to benchmark educational standards. The undertaking of CPD is now increasingly expected of any individual employed within today’s global marketplace.

CPD Certificates

We can provide a certificate for all our accredited events. To request a CPD certificate for a conference , workshop, master classes you have attended please email events@smi-online.co.uk

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