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Contract Drafting and Risk Management Training for Oil & Gas 2.0
1. Oil & Gas IQ presents
Jim Bergman
VP of Learning & Development
Contract Drafting
and Risk Management
Training for Oil & Gas 2.0
5-6 November, 2012
Houston, Texas, USA
Discover the very best methods in oil and gas contract
drafting, negotiation and clarification
Whether you are an operator or contractor, major player or SME, it is essential
to ensure your contracts are as reliable as possible when settling a dispute
or facing a catastrophe.
Attending Contract Drafting and Risk Management Training
for Oil & Gas 2.0 will help you:
• Develop your understanding of negotiating risk in the post-Macondo era
• anage and mitigate risk through examining limitation of liability, knock for
M
knock and termination clauses
• nderstand the risks associated with FEED, EPC, EPCIC and EPCICM contracts
U
• nsure your company is compliant with local content, HSE and environmental/
E
pollution clauses
• nderstand the challenges in international contracts and the implications on
U
your business
• Manage project delays and damages through effective contracting Training Program
Attend and earn 16 CPD Hours
plus 12 months membership
to the IACCM
www.OilGasContractWorkshop.com
2. This training course has been specifically designed in
reaction to an in-depth industry research survey carried out
by Oil Gas IQ at the beginning of the year. Having listened
to the industry we will be addressing the challenges and
requirements raised by legal professionals working within
today’s oil and gas landscape.
The program, led by the IACCM, is a truly hands-on and practical experience that will inform,
challenge and equip you with the necessary skills to negotiate and build market leading oil and gas
contracts.
Delegates and organizations worldwide have benefitted from the training that the IACCM has offered.
They understood the fundamental importance of drafting and negotiating a contract effectively in
order to mitigate risk, improve a project’s value and ensure its longevity. Whether you are a seasoned
professional or brand new to the world of contract risk management, this course will allow you to truly
understand every facet of the new contract market in which oil gas organizations are
required to work.
“A good interesting seminar.” - StatoilHydro
About IACCM
The International Association for Contract Commercial Management (IACCM) is a non-profit membership organization
first incorporated in 1999. The Association provides a global forum for innovation and collaboration in trading relationships
and practices. It offers unique insights to the purpose and contribution of the contracting and relationship management
process in both public and private sector. The IACCM membership currently includes representatives from more than
2,000 public and private sector organizations, typically those with large revenues, international interests and dealing with
complex or high-risk contract relationships. Over 2,000 individual members in IACCM’s ranks are currently in the Oil, Gas
and Petrochemical sector.
Meet Your Contract Risk Trainer
Jim Bergman
IACCM - VP Training
Jim Bergman has led the development and implementation of numerous innovative contracting practices
in global, leading organizations.
He has nearly twenty years of experience in commercial and procurement contract development,
negotiation and management, initially as a contracts attorney for Amoco. 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 Oil Gas IQ
Oil Gas IQ provides over 100 technical and strategic events across Europe, Asia, the US and the Middle
East every year, educating almost 5,000 high-level executives annually. Through our website, enewsletter and
conferences we seek to keep the industry in the know about the latest issues that affect your bottom line.
Our members and delegates benefit from a culmination of 100% industry research and practical information
and tools that solve critical everyday business problems.
www.oilandgasiq.com
3. Training Program
Each session includes case study examples and a comprehensive practical exercise
Day One November 5, 2012
9:00 AM Coffee Registration Integrating superior contracting
practices into services and
Managing risk through FEED, EPC, equipment agreements
EPCIC and EPCICM contracts •
Understanding the purpose of marine and
• nderstanding the scope of the various contract
U transportation contracts
formats - and the risks/benefits •
Ensuring delivery does not become a problem
• itigating the risks in the documents - both
M •
Defining the roles of the contracting professional
internal and external regarding these contracts
• electing and drafting the proper contract form
S •
Terms and conditions of special relevance - from
force majeure to acceptance testing
• rafting clauses specific to FEED, EPC, EPCIC
D
and other similar service contracts
Managing and mitigating risk:
Limitation of liability, knock for
Maximizing value through drilling knock and termination clauses
and wellhead services •
Exclusions/Limitation of liability for Contractor
• efining value in contracting
D Insurance Payment securities
• stablishing procedures of drafting contracts
E •
Supplier liability and risk assessments.
for maximum value Flow-down of indemnification requirements
• onducting contract value assessments -
C •
‘Termination for convenience’ provisions,
retention of title and other mechanisms for
identification, evaluation, control methods
protecting contractors in the event of client
and measures
bankruptcy.
•Exploiting sources of value - the SOWs,
•
Indemnity split between operator and contractor
SLAs, KPIs, terms and conditions, and overall
•
Indemnities under contract and their strength
management in real life scenarios
Creating a financial advantage
Capturing greater contractual
through financial terms and
opportunities through multi-party
remuneration models
and joint ventures
• nderstanding the primary remuneration
U
•
Developing the business case to use a
models: fixed fee, unit based and cost plus
multi-party, or joint venture model
•Calculating the cost attached to contract risk
•
Allocating risks throughout the parties, and management
contractors through effective contracting •Establishing a process for identifying, tracking
•
Managing change orders in a joint venture and managing contract costs
based contract •Anticipating the cost of cancellation/termination,
•
Terminating the contract and dissolving the
or the non-utilization of contracted assets
multi-party or joint venture relationship
5:00 PM Close of Day One
4. Training Program
Each session includes case study examples and a comprehensive practical exercise
Day Two November 6, 2012
9:00 AM Coffee Registration Understanding the challenges in
Addressing requirements through international contracts
variations and change orders •
Updating current international issues which
are affecting or considered as new risks in
• anaging contract variation, claims and
M
contracting
incentives
•
Navigating the various laws and legal
•
Foreseeing and contractually addressing
requirements of different countries, especially
changes of circumstances through effective
emerging markets
contracting processes
•
Understanding currency exchange and tax
•
Developing standard contract clauses that
issues
protect against the exceptions, such as limit
of liability provisions •
Outlining entry strategies and exit strategies
•Drafting and optimal litigation, arbitration/
for the contracting professional
mediation, force majeure and hardship clauses
Working with National Oil
Ensuring external compliance Companies
through local content, HSSE and •
Understanding the overall relationship with
environmental/pollution clauses NOCs
•
Defining compliance for both internal
•
Defining the risks related to liabilities,
and external issues indemnities, applicable law, and other provisions
•Integrating HSSE within overall contract
•
Complying with the NOC’s contracting
and operational management processes, policies and objectives
•Considering alternatives to local content
•
Reviewing the NOCs and their contracting
provisions and strategies nuances
•Understanding the impact of environmental
and pollution clauses
Managing project delays and
damages through effective
Negotiating risk in the post-
contracting
Macondo era Reviewing what
•
Defining the roles and responsibilities related
happened in Macondo, or Deep to contract risk management
Water Horizon •
Selecting the key actors and key methodologies
•
Determining whether this could happen again -
•
Understanding recoverable and non-recoverable
under current contracting models delay costs in contracts where consequential
•
Adapting to the post-Macondo scenario through
damages are excluded
risk mitigation and risk allocation techniques •
Utilizing tools for project risk tracking and risk
•
Understanding how the Macondo litigation has
management.
impacted risk allocation and liability for fines
and penalties
5:00 PM Close of Day Two
Start your learning experience at www.OilGasContractWorkshop.com
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