Fundamentals of Contract Risk Management Series

 

The context:

It is clear that Deepwater Horizon disaster has re-written the rules of contract risk management for the global oil and gas business.

Aside from the principal human and environmental tragedies, the legal fallout over assigning responsibility and liability for the incident has engulfed dozens of companies, threatened the viabilities of entire businesses, and looks set to be felt for years to come.

 

The challenge:

But Deepwater Horizon is just one – though admittedly the most significant – of thousands of disputes currently being managed in the international oil and gas business. With the stakes this high, it is no longer acceptible for companies and individuals to not be aware of the essentials of this business critical subject.

However, with time tight, and project demands increasing, we understand the need to access the essential of contract risk management in oil and gas quickly. That is why the Oil and Gas Fundamentals team has sought to provide only the most essential content within this series of courses to give busy professionals like you access only to the information you need.

 

The solution:

Thankfully, help is at hand, and this unique series of training courses is specifically designed to provide an easy-to-understand, fast-track way for both non-legal and legal professionals to understanding these contract risk fundamentals as they apply to the oil and gas business as a whole today.

From understanding the critical success factors in effective contract drafting, through risk allocation, and ensuring compliance with fast-evolving regulations, all the way to creative dispute resolution, this unique series of courses is designed to be understood by all disciplines – including both legal and non-legal practitioners.

 

 

The summary:

  • This unique training series consists of five separately bookable courses
  • Each individual course consists of six individual webinars
  • No prior knowledge of the subject is assumed, ideal for beginners
  • Once you register, the webinars are delivered direct to your desktop
  • You can view when you want, where you want, as many times as you want

The courses assume no existing knowledge of this subject and no legal experience is required, this series of online
training courses is perfect for those with a need to get up to speed in the fastest, most convenient way possible.

 

 

 

 

The detail:

- The Fundamentals of Contract Risk Management Series is made up of five related, but separately bookable oil and gas focused Courses.

- Each course is made up of six modules which are delivered to registrants as individual webinars and can be viewed when you want, where you want.

- You can register for just one Course, or for all five Courses, and view the content as many times as you need for up to a year after you register.

- The Course content is available now, and significant early bird discounts are now in effect if you register before the end of the month. Places are limited, so register today to ensure you don’t miss out.

 

About your courses (click tab for information):

 

Training Course A: Fundamentals of Contract Drafting in Oil and Gas - Part One

Understanding the fundamentals of contract risk management in the oil and gas business requires you to start by identifying the most common risks which need to be managed with a contract, before learning about the different types of contract which are used in different situations to manage these risks.

Instead of being made up of six individual 30 minute webinars, this introductory Course consists of three 60 minute long webinars which have been created especially for Oil and Gas Fundamentals and which each allow enough time to distil the essence of a three day workshop into 3 hours of only the most essential content. The Course will walk you through the essentials of the risks to be aware of in contract drafting and negotiations, and give you the baseline of knowledge to be able to fully benefit from the remainder of the Courses in this Training Series.

Module 1: Identifying the most common contract risks in the oil and gas industry

  • What are the most common risks and what impact does oil price have on risk?
  • Understanding the key post-Macondo commercial contracting trends in the oil and gas industry
  • The need to ensure contracts remain current and the dangers of not achieving this
Module 2: Essential considerations when negotiating contracts

  • Understanding where the balance of power lies between operators and contractors
  • What is the impact of a fluctuating oil price and power shifts on negotiating strategies
  • What options exist for contracts to be renegotiated during the project

Module 3: Uncovering multi-party contracting scenarios

  • Unravelling the complex web of interrelating joint ventures in the oil and gas industry
  • Understanding the risks and rewards of teaming agreements
  • What are crude and product distribution agreements

Please note: the typical format of Oil and Gas Fundamentals online training courses is that the three hours of content is broken down into 6 x 30 minute webinars.

In this case, the content is delivered to you in 3 x 60 minute webinars. Everything else remains the same, You get the same amount of content, and you can still pause, stop, start, rewind and fast-forward as you would with any webinar.

About your Course Leader:

Jim Bergman, Regional Vice President, IACCM

Jim has nearly twenty years of experience in commercial and procurement contract development, negotiation and management, initially as a contracts attorney for Amoco (now BP).  During his career, Mr. Bergman has shared his ‘in the trenches’ experiences through the development and delivery of numerous training sessions and has effectively led contract development and negotiation teams.

About your course:

Who is it for:  This Training Course has been created for everyone who deals with contracts, but who doesn’t necessarily come from either a legal background or an oil and gas industry background.

How will you benefit:  This Course, in distilling the contents of a three day course into three hours of essential content, will give you the foundation you need to get full value from the rest of the Series.

Prior knowledge required: The content contained within this Course is aimed at individuals with no prior experience in this subject and is therefore ideal for both beginners and intermediates.

 

register now

Training Course B: Fundamentals of Contract Drafting in Oil and Gas - Part Two

Continuing on from the basics of contract drafting which were explored and explained in Part One, this second course continues to shed light on the essential components you need to know to fully understand the contract drafting and the contract risk management process within the global oil and gas business.

Again, taking the format of 3 x 60 minute webinars rather than the more typical 6 x 30 minute webinar format, this course will continue by outlining the key types of contracts which exist in the oil and gas business (both in terms of services, equipment and materials contracts). The course will conclude with a unique hour long module answering the most commonly asked questions which come up when this content is delivered in physical format around the world, allowing you all of the benefits of accessing this content without the hassle of travel and time out of the office.

Module 1: Discovering the key types of service contracts

  • Understanding the contracts which govern maintenance and well completion services
  • Exploring the contracts relating to environmental remediation services
  • How do those contracts governing transportation and logistics agreements differ?

Module 2: Understanding the key equipment and materials contracts

  • What are capital equipment agreements?
  • Drilling equipment rental and lease agreements
  • Ensuring a reliable supply of materials in remote places from offshore rigs to mountainous terrain

Module 3: Course Clinic: Answering the most frequently asked questions on oil and gas contracts

  • Isn’t there a single ‘master’ contract that the industry uses as a go-to for most scenarios?
  • Which organisations exist to develop industry standards in the contracting space
  • Can the allocation of risk via a contract ever be fair? Will one party always end up more exposed?

Please note: the typical format of Oil and Gas Fundamentals online training courses is that the three hours of content is broken down into 6 x 30 minute webinars.

In this case, the content is delivered to you in 3 x 60 minute webinars. Everything else remains the same. You get the same amount of content, and you can still pause, stop, start, rewind and fast-forward as you would with any webinar.

About your Course Leader:

Jim Bergman, Regional Vice President, IACCM

Jim has nearly twenty years of experience in commercial and procurement contract development, negotiation and management, initially as a contracts attorney for Amoco (now BP).  During his career, Mr. Bergman has shared his ‘in the trenches’ experiences through the development and delivery of numerous training sessions and has effectively led contract development and negotiation teams.

About your Course:

Who is it for:  Anyone interested in the types of contract which exist in the oil and gas business and who wants a short cut to answers to the most commonly asked questions in oil and gas contracting.

How will you benefit:  Upon completion of this Course, you will understand the essentials of all the major types of contract which govern the oil and gas business.

Prior knowledge required: This course is designed to be understood by those with a beginner or intermediate level of understanding of the oil and gas business.

register now

Training Course C: Fundamentals of Insurance for Oil and Gas Projects

An awareness of insurance programme coverage and placement is one of the most essential skills to have when it comes to effective contract risk management. For successful implementation of an insurance programme that fits within the specific context of a new project or a more general contracting strategy, it is recommended to begin taking account of the possible insurance problems, solutions, and coverage conditions as early as possible during risk allocation and contract discussions.

This six part course is designed to provide a practical understanding of the often complex area of insuring against a variety of upstream oil and gas risks. You will learn about the theory and practice of arranging the right type and amount of insurance coverage, the fundamentals of what insurers typically cover, smart and effective claims management, the sources of risk transfer capacity and what makes a quality insurance programme you can rely on in your time of greatest need.

Module 1: Principles and fundamentals of insurable risk transfer in upstream oil and gas

  • Who arranges insurance for oil and gas projects, why and how?
  • Understanding the risks and extent of insurance coverage intended
  • The culture and drivers of the insurance community

Module 2: Upstream E&P insurance products for exploration and operating phases

  • Introducing the most common types of insurance cover: property damage, revenue protection, well control, liabilities
  • Understanding the format and extent of cover under for each insurable interest
  • How much cover a company buy and what is the process to arrange cover?

Module 3: Offshore construction cover – a guide for principals and contractors

  • How to optimise the quality of cover and insurance counterparties
  • Developing a risk based approach to arranging this insurance
  • What is a ‘Welcar Form’ and what are its key features?

Module 4. Liability exposures and the insurance product

  • Indemnities and risk allocation, limits and capacity
  • Introducing policy forms and intentions for coverage
  • Pollution risks for E&P exposures – how has Macondo changed the insurance landscape?

Module 5. Claims – preparing the claim and collecting the indemnity

  • The claims process explained – why is the contract risk allocation so important?
  • Steps you can take to prepare better quality claims?
  • How quickly would the claim money be paid and for what reason could claims be rejected?

Module 6. Course Clinic: Answering the most frequently asked questions on insurance

  • What practical issues need to be considered when arranging cover
  • What are the most common insurance pitfalls and what are the ways to avoid them?
  • Do insurance claims always have to be a problem?

About your course leaders:

Euan Nicolson, Head of Upstream London and Global Head of Major Oils, AON

Euan joined Aon in November 2009 from Marsh, where he was Managing Director of the Global Marine & Energy Practice. He has 27 years marine and energy experience and is a leading market specialist in insurance placement and programme design for global energy companies.

Tim Clarke, Independent E&Ps/Canada – Regional Development Partner, AON

Tim’s expertise lies in providing insurance broking and risk management services to independent E&P companies. He specialises in operational and construction insurance, along with the coordination of other corporate covers in addition to the identification and allocation of risk in E&P projects around the world.

Paul O’Keefe, Offshore Construction Team Leader and Regional Development Partner Asia/Pacific, AON

Paul leads Aon’s upstream construction team. His broad knowledge and experience has led him to being the recognised insurance market leader for floating production oil and gas developments. Prior to working in the insurance market, he gained significant project management and construction experience as well as drilling rig operations and marine liability matters.

Barry Williams, Head of Energy Claims London, AON

Barry has over 30 years experience in the insurance markets and has handled all aspects of marine, energy, power and construction claims for a diverse range of clients both in the UK and worldwide. Barry and his team have dealt with a wide range of loss events and claims including some of the most notable, complex and large ones ever seen in the Energy sector.

David Sayer, Energy Liability Broking Leader, AON

David has over 25 years insurance experience focusing on a range of different areas, the last 15 of which have been spent with with Aon. Since 1995 David has specialised in facultative liability placements for global/large risk with a particular focus on energy, power and global placements.

Mike Parry, Regional Development Partner – Western Europe, AON

Mike has 25 years insurance experience, 20 years with Aon companies and he is currently responsible for developing risk management advisory services, insurance programme design and marketing for major energy clients as well as developing and maintaining relationships with European energy clients and Aon’s retail network.

Simon Lazarus, Regional Development Partner – CIS, ME, Israel, and sub-Saharan Africa, AON

Simon has been focused on the energy industry since 1980. His current role is wide, encompassing not only managing the team but also business development, broking to London leaders and overseas markets and acting as account manager to a number of major oil company accounts.

About your course:

Who is it for: This course content is relevant for anyone who deals with – or needs to know about – the management of insurable risk in an oil and gas context.

How will you benefit: Once you have completed this unique online training course, you will be armed with a working, practical understanding of how companies can work with insurers to minimize the impact of risk in their upstream and downstream projects.

Prior knowledge required: This course requires no previous experience of insurance, or contracting, but assumes a basic level of understanding of the different types of oil and gas project which may be discussed. It is suitable for beginners and intermediates.

register now

Training Course D: Fundamentals of Dispute Resolution in Oil and Gas

Dispute resolution is one of the most essential skills to have when it comes to effective contract risk management. However, dispute resolution doesn’t just begin once a dispute occurs, if addressed properly in advance it can avoid a dispute arising in the first place, or at least ensure you are in a strong position to achieve a favourable outcome once a dispute does arise.

This course is designed to simplify an often complex and difficult to understand area of contracting, and it will walk you through – over the course of six individual webinars – the theory and practice of dispute resolution, explaining the fundamentals, outlining claims management, the sources of liability, and preparing you for what to expect if and when you become involved in a contracting dispute. Lastly, it will outline how to manage crises, and tackle the most frequently asked questions on dispute resolution.

Module 1: Introduction to the Fundamentals of Dispute Resolution

  • Types of Dispute Resolution: Litigation versus Arbitration and other variants
  • Jurisdiction versus Governing Law: where your dispute will be heard and which laws will apply
  • Issues to consider at the outset when negotiating the Dispute Resolution provisions
Module 2: Contract Claims Management

  • Consideration of contract management tools
  • Understanding the provisions dealing with notification of claims
  • How to ensure that you do not lose your right to claim damages (e.g. time bars and notification requirements)
Module 3: Sources of Liability

  • What are your potential sources of exposure?
  • In addition to breaching a contract, what other risks do you need to be aware of?
  • Examples: misrepresentation, claims in tort and claims brought by non-parties to the contract
Module 4: What to expect when litigating or arbitrating

  • If a dispute arises, what are the key milestones?
  • What should you expect and how long would it take?
  • How does this vary from jurisdiction to jurisdiction?
Module 5: Crisis Management – dealing with major issues

  • Importance of the “golden hour”
  • What are the key considerations and resources required?
  • How not to make a bad situation worse – avoiding pitfalls
Module 6: Course Clinic: Answering the most frequently asked questions on dispute resolution

  • Are there any steps you can take to avoid disputes arising in the first place?
  • What alternative dispute resolution tools are available to manage disputes?
  • Is it possible to retain a working relationship with a project partner even after a dispute?

About your course leader:

 

 

Patrick Boylan, Partner, Simmons & Simmons

Patrick is a partner in the dispute resolution practice at Simmons & Simmons where he has extensive experience in the management of commercial disputes, particularly in highly regulated sectors such as the Energy industry. Prior to his current role, Patrick was a visiting lecturer at the London School of Economics.

Navneet Juty, Managing Associate, Simmons & Simmons

Navneet is a senior lawyer in both the dispute resolution and the engineering and construction teams at Simmons & Simmons where she applies her 17 years of legal experience – including a decade at Bechtel – to her clients’ major infrastructure and energy projects.

Andrew Bartlett, Managing Associate, Simmons & Simmons

Andrew is a managing associate specialising in litigation and arbitration on behalf of Simmons & Simmons’ clients in the energy sector, amongst others. Andrew’s creative approach to the complex cross-border litigation activities he has been involved in has led to his work being described as ‘ingenious’.

Simon Morgan, Partner, Simmons & Simmons

Simon is chair of the international arbitration group within Simmons & Simmons and has a wide range of experience in arbitration, litigation and mediation across a range of businesses and industries, incliding substantial upstream, midstream and downstream activity within the oil and gas industry.

Jayne Bentham, Managing Associate, Simmons & Simmons

Jayne specialises in international arbitration as well as general commercial litigation and mediation covering a wide range of areas for Simmons & Simmons.  Jayne is a member of the LCIA Young International Arbitration Group and the ICC Young Arbitrators Forum.

Philip Vaughan, Partner, Simmons & Simmons

Philip is a Partner at Simmons & Simmons and is experienced in all areas of dispute resolution: High Court litigation, expert determination, mediation and arbitration. He is also a solicitor advocate and he handles a broad range of work but is particularly active in the energy, infrastructure and pharmaceuticals sectors.

Basil Woodd-Walker, Associate, Simmons & Simmons

Basil is a commercial dispute resolution specialist, with a focus on contractual disputes, fraud and contentious competition matters.  Much of his work involves multiple jurisdictions, frequently in the context of international arbitration. He has developed a wide range of experience supporting clients in the energy and oil and gas sector

 

About your course:

Who is it for:  This course content is aimed at a generalist audience, but one which would have some involvement in preparing and negotiating contracts and discussing issues with legal professionals.

How will you benefit:  On completion of the course, you will be armed with the key principles and theories of dispute resolution, which can be used to inform your contracting and negotiating activities.

Prior knowledge required: No prior legal knowledge is either assumed or required, and this course will be most suitable for non-legal professionals who are involving in contracting and negotiation.

register now

Training Course E: Fundamentals of Post-Macondo Contract Risk Management

It is no overstatement to state that the Macondo disaster which began with an explosion on the Deepwater Horizon drilling rig in April 2010 and ended in litigation which will continue for decades has changed the face of contract risk management in the oil and gas industry.

From stricter environmental regulations worldwide, to evolving EHS laws, and far reaching indemnity, liability and decommissioning implications, this introductory Course will walk you through – over the course of six separate but related webinars – the real ways that the management of risks in the oil and gas business has changed since Macondo.

Module 1: Summary of the legal implications of Macondo

  • What responses have international regulators made to the disaster?
  • What contracting responses have resulted from the disaster?
  • What concluding observations can be drawn from the legal implications of Macondo?

Module 2: Developments in EHS law post-Macondo

  • Understanding EHS liability in the offshore context
  • Key changes and developments in the law on offshore environmental and safety liability
  • Preparing for international regulatory responses

Module 3: Introducing indemnities and liabilities

  • Understanding indemnities and liabilities and their role in contract risk management
  • What role did indemnities and liabilities play in the Macondo case?
  • What concluding observations can be drawn for other companies?

Module 4: Legal considerations concerning decommissioning

  • What are the legal considerations to be aware of regarding decommissioning?
  • Have these considerations changed since Macondo, and if so how?
  • How are companies managing the evolving decommissioning landscape?

Module 5: Practical lessons for a post-Macondo world

  • Crisis and liability management
  • Protestor and NGO opposition to deepwater drilling
  • Increased regulatory scrutiny and enforcement action

Module 6: Course clinic: Answering the most frequently asked questions of post-Macondo contract risk management

  • What contracting lessons were learned from previous disasters?
  • Can the relationship between operators and contractors ever be the same again?
  • How could more effective contracting have changed the Macondo fallout?

About your Course leader:

 

Humphrey Douglas, Partner, SNR Denton

Humphrey Douglas is an energy partner with international experience throughout the energy value chain. Humphrey previously acted as a General Counsel for a major Middle Eastern energy company. SNR Denton was established as a result of the merger of its two founding firms—Sonnenschein Nath & Rosenthal and Denton Wilde Sapte.

Sam Boileau, Partner, SNR Denton

Sam Boileau is a partner with SNR Denton who specialises in UK and EU environmental and health and safety law. Sam is recognised as a leading environmental lawyer in the legal directory Chambers and has extensive experience both in practising and in speaking on HSE related matters relating to the energy sector.

Stephen Shergold, Partner, SNR Denton

Stephen Shergold leads the Environment and Safety team in London and is a partner in the Firm’s Energy, Infrastructure and Project Finance department. Specializing in environment and health and safety law, Stephen advises clients on incident response, day-to-day compliance matters and liability risk management across a number of sectors, including Energy.

 

About your Course:

Who is it for:  Ideal for anyone who wants to understand the specific impact the Deepwater Horizon disaster has had on oil and gas contract risk management.

How will you benefit:  Once you have completed this course, you will have a clear understanding of all of the contracting lessons learned from the Macondo disaster.

Prior knowledge required: No legal experience is required to benefit from the content contained within this Course – the themes are suitable for newcomers to the industry as well as existing market players.

register now

Remember, you can book on any one of these courses – or all of them – and all course content is live now. Early Bird discounts are only in effect for a strictly limited time (see here for more details), and places are limited, so register today to take advantage of the most flexible learning experience you will find.

 

 

 

 

 

About your Course leaders:

Left Right

Simmons & Simmons is a world-class international law firm in tune with the business world.

Time and time again businesses across the world bring us their toughest commercial challenges.  They call on Simmons & Simmons for our international reach and our expert legal advice.  Our clients rely on our ability to get on the same wavelength as them by investing time to understand their business and the world that they operate in.

From our offices in major business and financial centres throughout Europe, the Middle East and Asia, we view the world through the lens of four significant industries: energy and infrastructure, financial institutions, life sciences and technology, media and telecommunications.

For our clients this means they benefit from a law firm fully focused on their sector, wholly understanding of the challenges that they face and completely tuned in to their needs.

www.simmons-simmons.com

Aon Risk Solutions’ dedicated Energy team consists of over 300 dedicated professionals and places over US$2 billion in energy insurance premium on behalf of our clients into the market on an annual basis.

Within Energy, our focus on the oil and gas sector enables us to provide clients with Aon’s considerable oil and gas talent, products and services. Our global network of 500 offices in 120 countries means that we can deliver this expertise to you wherever you are based.

Working with us ensures that you benefit from our firm’s specialization in the upstream sector. The risks faced by companies in the upstream sector require the expertise of a risk management and insurance company that is active in both the insurance market and the industry itself on a daily basis. Our specialization enables us to develop advantageous opportunities for our clients in terms of coverage, claims recovery and price.

www.aon.com

SNR Denton is a client-focused international legal practice delivering quality and value.

We serve clients in key business and financial centers from more than 60 locations in 43 countries, through offices, associate firms and special alliances across the US, the UK, Europe, the Middle East, Russia and the CIS, Asia Pacific and Africa, making us a top 25 legal services provider by lawyers and professionals worldwide.

Joining the complementary top tier practices of its founding firms—Sonnenschein Nath & Rosenthal LLP and Denton Wilde Sapte LLP—SNR Denton offers business, government and institutional clients premier service and a disciplined focus to meet evolving needs in eight key industry sectors: Energy, Transport and Infrastructure; Financial Institutions and Funds; Government; Health and Life Sciences; Insurance; Manufacturing; Real Estate, Retail and Hotels; and Technology, Media and Telecommunications.

www.snrdenton.com

With members from 142 countries and  10384 corporations, IACCM is leading the way in responding to  the demands of global networked markets.

Our membership is drawn from many industries and is made up of contract and commercial  managers, negotiators, attorneys and supply chain professionals. Hundreds of organizations have also established Corporate  Memberships, gaining enhanced services that support their performance and understanding of market trends.

Through our worldwide presence and networked technology, IACCM members gain access to the thought leadership and  practical tools that are essential for competitiveness in today’s fiercely contested global markets. We provide insight to the  leading-edge contracting and commercial skills, policies, procedures and methods that are fundamental to managing enterprise and  individual risks. This insight equips professionals and their leaders to implement best practice governance of contractual  commitments and trading relationships.

www.iacccm.com

 

Your Continuing Professional Development:

By registering for – and completing – the full Fundamentals of Contract Risk Management online Training Series, you will qualify for a Certificate of Professional Development endorsed by the leading international association in the field of Contract Risk Management. More details on how an Oil and Gas Fundamentals course can be used to further your career can be found by e-mailing customer.service@oilandgasfundamentals.com. Alternatively, register today and start learning straight away.