Training Programmes : Oil and Gas

Training Programmes
Understanding and Negotiating International Oil and Gas Contracts

Code: B14OILGAS
Type: MMC Workshop
Category: Oil and Gas
Hours: 14
Duration: 14 hours (2 days)
Location: EDITC & MMC Conference Center, 16 Imvrou Street, 1055 Nicosia
Language: English
Attendance: 6-24
 

Topics
  • Oil & gas field development licensing agreements with government
  • Working with different country jurisdictions and regulatory authorities
  • Oil & gas field joint operating agreements and partnership 
  • Engineering Procurement & Construction (EPC) and other types of contracts
  • Drill rig and platform hire agreements and check lists
  • Risk assessment, mitigation and management 
  • Warranties and guarantees, including third parties
  • Insurance indemnity and hold-harmless clauses 
  • Contractual liabilities and indemnities, legal aspect and disputes
  • Health and safety considerations and practices, and Closing Discussion


Who Should Attend

This programme is essential to professionals working in the Oil and Gas sector, including: 
 

  • Commercial manager and executives
  • Contract managers, engineers and analysts
  • Business development managers
  • New venture managers and executives
  • Country managers
  • Procurement and purchasing managers
  • Financiers involved in project finance, investment analysis and syndicated lending
  • Government and joint venture owners involved in sponsoring/assessing project finance deals
  • Accountants and lawyers needed to understand in more detail the challenges specific to the oil and gas industry


Purpose
Discoveries of oil and gas generate much excitement and anticipation but the full commercial value of any discovery cannot be realised unless the right agreements are in place. Negotiating agreements which often involve multiple parties including governments is a complex process that requires a detailed understanding of fiscal parameters, the key areas of risk, and the timelines to ensure you are not exposed to legal, commercial or financial risk.

Objectives

This highly practical and interactive programme will deliver:

  • Review the different oil and gas agreements to understand the specific areas of risk
  • Get to grips with the jurisdictional regulations and fiscal regimes of different governments to ensure your agreements are compliant
  • Evaluate the financial and physical risks relevant to drilling, developing and producing hydrocarbons to ensure you can protect against them
  • Examine the health & safety requirements relevant conduct drilling, exploration & production operations with high quality standards, and summarise major points
  • Identify key documentation and process steps required to negotiate and finalise successful agreements
  • Learn how to interpret and drat key clauses specific to the oil and gas agreements
  • Analyse financial and physical risks to drill, develop and produce hydrocarbons, including safety issues to mitigate and manage risk
  • Understand contract, project and product liabilities, including subcontractors and third parties involved in drilling, exploration & production
  • Access to over 30 years of experience in negotiating oil and gas agreements
  • Compare best practice with colleagues from across global industry


Methodology

The following training methods will be used during the workshop

  • Lecture
  • Group discussion
  • Questions and answers
  • Exercises
  • Examples and case studies


TimeTable

Day 1

Oil & gas field development licensing agreements with government
Obtaining the pre-requisite government licence and permits to drill, develop and produce hydrocarbons, including technical, safety and fiscal matters

  • General principles, government rights and obligations
  • Exploration phase and Production phase agreements
  • Concessionaire (operating company) rights and obligations
  • Fiscal metering, taxation, cost allowance, dispute resolution

Working with different country jurisdictions and regulatory authorities
Process steps and documentation required in major multinational and cross-border jurisdictions to correctly interpret and comply with relevant regulations and fiscal regimes involved in drilling, exploration & production

  • Inter-territorial jurisdictions, government rights and obligations
  • Inter-territorial Exploration phase and Production phase agreements
  • Inter-territorial Concessionaire (operating company) rights and obligations
  • Inter-territorial Fiscal metering, taxation, cost allowance, dispute resolution

Oil & gas field joint operating agreements and partnership 
Negotiating and finalising partners’ agreements to drill develop and produce hydrocarbons, including technical, safety and fiscal matters

  • Typical agreement and provisions
  • Key issues and production sharing contract (PSC)
  • Technology and intellectual properties transfer
  • Concessions, dispute resolution, termination

Engineering Procurement & Construction (EPC) and other types of contracts 
Negotiating and creating EPC contracts to design, procure and construct hydrocarbons facilities, including technical, safety and fiscal matters

  • Traditional EPC contract
  • Partial EPC contract
  • Non-EPC contract
  • EPCM / Turnkey contract

Day 2

Drill rig and platform hire agreements and check lists
Negotiate and finalising drilling rig hire agreements to find, assess hydrocarbons reserves, including technical, safety and fiscal check lists

  • Operational parameters and limitations
  • What’s included and not included (equipment)
  • Responsibilities, risks, liabilities, dispute resolution
  • Costs, insurance, safety, quality, maintenance

Risk assessment, mitigation and management 
Analysing, mitigating and managing both financial and physical risks to drill develop and produce hydrocarbons, including safety issues

  • What is risk (fiscal and physical)?
  • Qualitative and quantitative risks
  • SWOT (strengths, weaknesses, opportunities, threats) analysis
  • Risk management and Monte Carlo statistical simulation

Warranties and guarantees, including third parties 
Negotiating and agreeing warranties and guaranties, including subcontractors and third parties involved in drilling, exploration & production
 

  • Key performance indicators and clauses
  • Performance and equipment guarantees
  • Contract liability and penalty clauses
  • Liquidated damages (non-performance)

Insurance indemnity and hold-harmless clauses 
Negotiating and agreeing insurance clauses, exclusions, Force-Majeure, hold-harmless etc., involved in drilling, exploration & production

  • Pre-insurance acceptance negotiations
  • Major risk types considered
  • Agreement of policy type, clauses and cost
  • Excess, hold-harmless, and other qualifications

Contractual liabilities and indemnities, legal aspect and disputes
Negotiating and agreeing contract, project and product liabilities, including subcontractors and third parties involved in drilling, exploration & production

  • Pre-litigation negotiations
  • Litigation and out of court settlement
  • Arbitration and mediation pros and cons
  • Other third party expert determinations

Health and safety considerations and practices, and Closing Discussion
Interpreting and complying with relevant health & safety requirements to conduct drilling, exploration & production operations with high quality standards, and summarise major points
 

  • Health & Safety (H & S) regulations and requirements
  • Compliance with H & S mandatory requirements
  • Gulf of Mexico oil-spill disaster analysis and lessons learnt
  • ABS, DNV, Lloyds inspection authorities




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