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An Intensive 5 Day Training Course

Dispute Management & Avoidance
in the Energy Sector

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Code Date Venue Fee($)
CM118 07 - 11 Oct 2019 London - UK 5,950

*All fees are exclusive of VAT


Why Choose this Training Course?

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.

This training course will highlight:


Training Objectives

What are the Goals?

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

Who is this Training Course for?

This PetroKnowledge 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

How will this Training Course be Presented?

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

Competency Description: Energy disputes in a multi-billion energy industry are burdensome and there is a need for better and quicker resolution of these disputes.  The fundamental  knowledge of the types of disputes that may arise and the different options to resolve or avoid them is essential for the smooth running of operations.  Understanding the improvements needed in the way conflicts are managed energy disputes are resolved.  

Key behaviours

  • Acquiring essential knowledge
  • Analysing the role of dispute resolution in the energy sector
  • Conflict and Dispute Management skills
  • Strategizing on the best methods to be used for dispute avoidance.

Topics to be covered

  • 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

Competency Description: Knowledge of the types of conflicts that can arise in energy contracts. This essential knowledge will give participants the heads up on what potential conflicts can arise and negotiate and draft appropriate clauses in anticipation of such conflicts.  

Key behaviours

  • Knowledge of the different types of conflicts that may arise in energy contracts
  • Analysing the use of the different dispute resolution clauses
  • Negotiating of dispute resolution clauses in these contracts

Topics to be covered

  • 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

Competency Description: Knowing the various benefits of ADR and how it can save costs and time in the management of energy disputes.

Key behaviours

  • Create an awareness of the various ADR options
  • Know the basic essential characteristics of each ADR option
  • Competency in ADR process and how to manoeuvre around the steps involved.

Topics to be covered

  • 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

Competency Description: Ability to identify and analyse conflicts in energy contracts and choosing the best ADR option for different types of contracts.

Key behaviours

  • Understanding the principles underlying the different ADR options
  •  Appreciating the benefit of each option for any particular conflict or dispute.
  • Review of case studies to understand the successful use of the ADR to resolve disputes in energy contracts.

Topics to be covered

  • 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

Competency Description: Acquiring conflict management skills and know-how and appreciating the high financial costs of litigation and arbitration and the need to avoid disputes if possible.

Key behaviours

  • Obtain an awareness of the essential conflict management methods
  • Evaluating the various aspects of conflict management and the costs involved
  • Understanding the use of mediation and its benefits

Topics to be covered

  • 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

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Home » Courses » International Petroleum Business » Dispute Management & Avoidance in the Energy Sector
PetroKnowledge Training


Dispute Management & Avoidance
in the Energy Sector


Code Date Venue Fees
CM118 07 - 11 Oct 2019 London - UK $5,950



Why Choose this Training Course?

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.

This training course will highlight:


Training Objectives

What are the Goals?

At the end of this training course, participants will:

Target Audience

Who is this Training Course for?

This PetroKnowledge 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:

Training Methods

How will this Training Course be Presented?

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

Competency Description: Energy disputes in a multi-billion energy industry are burdensome and there is a need for better and quicker resolution of these disputes.  The fundamental  knowledge of the types of disputes that may arise and the different options to resolve or avoid them is essential for the smooth running of operations.  Understanding the improvements needed in the way conflicts are managed energy disputes are resolved.  

Key behaviours

Topics to be covered

Day Two: Conflicts Arising Under Energy Agreements

Competency Description: Knowledge of the types of conflicts that can arise in energy contracts. This essential knowledge will give participants the heads up on what potential conflicts can arise and negotiate and draft appropriate clauses in anticipation of such conflicts.  

Key behaviours

Topics to be covered

Day Three: Benefits of ADR in Resolving Energy Disputes

Competency Description: Knowing the various benefits of ADR and how it can save costs and time in the management of energy disputes.

Key behaviours

Topics to be covered

Day Four: Analysing Conflicts and Choosing ADR Approaches

Competency Description: Ability to identify and analyse conflicts in energy contracts and choosing the best ADR option for different types of contracts.

Key behaviours

Topics to be covered

Day Five: Dispute Avoidance by Improving Conflict Management Skills & Awareness

Competency Description: Acquiring conflict management skills and know-how and appreciating the high financial costs of litigation and arbitration and the need to avoid disputes if possible.

Key behaviours

Topics to be covered

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© 2018. Material published by Petroknowledge shown here is copyrighted.

All rights reserved. Any unauthorized copying, distribution, use, dissemination, downloading, storing (in any medium), transmission, reproduction or reliance in whole or any part of this course outline is prohibited and will constitute an infringement of copyright.


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