Presented by the Institute for Energy Law of The Center for American and International Law and the Oil and Gas Law Committee of the International Bar Association’s Section on Energy, Environment, Natural Resources and Infrastructure Law (SEERIL)
Supported by the Institute for Transnational Arbitration and IBA European Forum.
Since 2008, this conference has become a biennial event attracting attorneys from the United States, Northwest Europe and Africa, and discussing current legal topics from around the world of concern to oil and gas lawyers.
Download the Brochure (pdf)For more details, download the online brochure.
Vinson & Elkins
London, United Kingdom
Bond Dickinson LLP
London, United Kingdom
Schedule and Faculty
December 4, 2013
Opening Reception at St John's Museum
Dress code: Casual
This social function is included in the delegate and guest registration fee.
December 5, 2013
Welcome, Overview and Introductions
- Paul Stockley, Conference Co-Chair
Bond Dickinson LLP, London, United Kingdom
Publications Officer, IBA Oil and Gas Law Committee
- Alex Msimang, Conference Co-Chair
Vinson & Elkins LLP, London, United Kingdom
International Regulatory Update Module
- David Isenegger, Centrica plc, Windsor, United Kingdom
- Kristine Robidoux, QC, Gowling Lafleur Henderson LLP, Calgary, Canada
Legislation and Enforcement Update: Corruption, Sanctions and Economic Crime
Our panel will discuss important updates in international economic crime legislation and enforcement.
Kristine Robidoux, QC, Gowling Lafleur Henderson LLP, Calgary, Canada
- Mary C. Spearing, Baker Botts, L.L.P., Washington, D.C., USA
- Linda Szymanski, Chief Ethics and Compliance Officer, Royal Dutch Shell, The Hague, The Netherlands
- Sam Tate, Senior Counsel, BP plc, London, United Kingdom
Hydraulic Fracturing Regulation around the World
Shale oil and gas, horizontal drilling, and in particular the technology involved in hydraulic fracturing, have received mixed responses around the world. Our panel considers how governments have decided to regulate hydraulic fracturing in different jurisdictions.
David Isenegger, Centrica plc, Windsor, UK
- Vanessa Havard-Williams, Global Head of Environment, Linklaters LLP, London, United Kingdom
- Alex G. MacWilliam, Dentons, Calgary, Alberta
- Piotr Spaczyński, SSW Spaczyński, Szczepaniak i Wspólnicy S.K.A., Warsaw, Poland
What to Expect in a North Sea Macondo Deep Water Explosion Scenario
This panel will review the regulatory and industry responses to the Macondo blowout, comparing the challenges of a subsea well incident with other major hazards such as gas releases. Delegates will be invited to consider how well their companies/clients are now organised to prevent - or respond to - a major offshore incident and to comply with the changes in the regulatory environment.
- Sam Dunkley, Consultant Lawyer, Centrica Storage, Centrica plc, Windsor, United Kingdom and Acting General Counsel, Oil Spill Response Limited, London, United Kingdom
- Ewan Parsons, Commercial Lead, Subsea Well Response Project Limited, London, United Kingdom
- Judith Aldersey-Williams, CMS Cameron McKenna LLP, Aberdeen, United Kingdom
The Purpose of Investment Protection Treaties Is Not To Protect Investments
Professor Jan Paulsson, Michael Klein Distinguished Chair, University of Miami School of Law, Miami, Florida, USA
Dispute Resoultion Module
Presented in cooperation with The Institute for Transnational Arbitration
Hot Topics and Recent Cases in Oil & Gas Arbitration
- Elisabeth Eljuri, Norton Rose Fulbright, Caracas, Venezuela
- Laura M. Robertson, ConocoPhillips, Houston, USA
When an Agreement Admits Two Interpretations, Should Economic Logic Have a Bearing on Proper Interpretation?
Often within the four corners of an agreement contract language allows some latitude for interpretation. This can create fertile ground for discussion or worse, dispute. Sometimes, purely legal interpretations are not sufficient to resolve divergent views clearly. Also, reliance on “industry standards and practices” or “good oilfield practices” can fall short or this too may lend itself to disparate interpretations.
Tests of reasonableness and fairness may therefore turn on which interpretation: (a) makes the most business sense, or is based on the strongest economic logic, (b) maintains, promotes or is consistent with greatest alignment and harmony between all or most parties, or (c) is mathematically sound.
Daniel Johnston, Johnston & Co., Hancock, New Hampshire, USA
Damages in the Shale Business: Anything Different from the Usual Oil and Gas Dispute?
Obtaining natural gas from shale formations has quickly become an important component of the world’s future energy plans, not only due to the estimated volume of shale gas but also due to the use of technologies, such as horizontal drilling and hydraulic fracturing. These technologies have changed the legal landscape of oil and gas disputes and the damages sought. Horizontal drilling creates issues about subsurface trespass, pooling, unitization, and royalty payments; hydraulic fracturing raises questions about contamination of drinking water resources, wastewater disposal, fracking fluid chemicals, air pollution, and induced earthquakes. These issues and questions have been brought to the legal forefront by landowners, environmental groups, and others who have filed complaints with government agencies and lawsuits against oil and gas operators seeking to enjoin further horizontal drilling and hydraulic fracturing and requesting compensation for damaged property, personal injury, lost royalties, and other expenses. Landowners also request amendments to their oil and gas leases, many of which were signed before the shale gas boom and which do not have pooling or unitization provisions or which pay low royalty rates. This session will explore the unique claims and legal disputes created by the current shale gas boom and the new types of damages being sought.
- John Connor, GSI, Houston, Texas, USA
- Barclay Nicholson, Norton Rose Fulbright, Houston, Texas, USA
Dealing with Corruption Allegations in Oil & Gas Arbitration Disputes
The regulatory and compliance burdens for oil and gas multi-nationals are great, and have implications for dispute resolution practice. Our speakers will consider issues such as the “equality of arms”, and the current practices for dealing with issues of bribery and corruption in commercial and investment treaty arbitration as well as in national courts, and will also review examples and recent cases where corruption or bribery issues have been a factor in a dispute.
- Dr. Evgeny Raschevsky, Egorov Puginsky Afanasiev & Partners, Moscow, Russia
- Thomas K. Sprange, King & Spalding, London, United Kingdom
Multi-Tier Dispute Resolution Clauses: Drafting and Enforcing?
Multi-tiered dispute resolution clauses are particularly important and complex in major energy contracts. These clauses raise significant practical issues, as well as difficult legal issues. It is critical, both in drafting dispute resolution and in resolving disputes under such clauses, to be aware of these issues.
Gary Born, WilmerHale, London, United Kingdom
Management of Disputes and Challenges Faced by In-House Counsel
This panel of distinguished in-house arbitration counsel will debate the growing criticisms to international arbitration in general, and investment arbitration in particular. These experts will share their views and experiences on controversial topics, such as the increasing number of challenges to arbitrators, the need for clear and predictable standards, abuse of the annulment system, time and costs of proceedings, as well as new developments towards improving efficiency through mediation and the new IBA State-Investor Mediation Rules.
Laura M. Robertson, Managing Counsel, Arbitrations and Claims, ConocoPhillips Company, Houston, Texas
- Mimi M. Lee, Managing Counsel, Litigation, Chevron Upstream, San Ramon, California, USA
- Kevin Smith, Senior Legal Counsel, Global Litigation, Shell International Limited London, United Kingdom
- Alberto F. Ravell, Senior Counsel, ConocoPhillips, Houston, Texas, USA
Reception and Dinner at the Long Room at Lords
December 6, 2013
Regional Update Module
- Marco Bollini, Eni UK Limited, London, United Kingdom
- Nicolas Bonnefoy, Ashurst LLP, London, United Kingdom
U.S. Unconventional Oil and Gas: A Contractual Overview – USA Update
- Sale and Purchase Agreements – how are they structured?
- The interplay between the Joint Venture Agreement and the Joint Operating Agreement
- Government Approvals (CFIUS and HSR)
Andrew B. Derman, International Energy Practice Group Leader, Thompson & Knight LLP, Dallas, Texas, USA
Moving Towards African Lex Petrolea – Africa Update
- Analysis of the legal and contractual regime applicable to hydrocarbons exploration and exploitation in the Member Countries of the African Petroleum Producers Association
- Model Production Sharing Agreement
- Contribution to African Lex Petrolea
Nicolas Bonnefoy, Ashurst LLP, London, United Kingdom
Lebanon, Israel and Cyprus Update
- Update on licensing opportunities in the East Mediterranean Sea
- Overview of how hydrocarbon opportunities are shaping relationships of surrounding states
- Description of the maritime boundary dispute between Lebanon and Israel and its impact on petroleum operations
Stephen Millar, CMS Cameron McKenna, Aberdeen, United Kingdom
The Falkland Islands: What Oil & Gas Lawyers Need to Know
Following years of speculation, significant quantities of oil & gas have now been found offshore the Falkland Islands. Exploration was led in the main by small independents listed on London's AIM stock market. But as we move towards production, bigger players are moving in.
In this talk we give a brief history of the industry in the Falklands, an overview of the regulatory regime and a lawyer's overview of the unique political and operational challenges faced by those operating there.
- Danielle Beggs, Dentons, London, United Kingdom
- John Stockdale, Dentons, London, United Kingdom
Our speaker will give an update on legal issues affecting oil and gas development in China, as well as discussing issues affecting Chinese companies operating abroad.
Lu Jing, Deputy Director, Legal Affairs Department, China National Oil and Gas Exploration and Development Corporation (CNODC), Beijing, China
- The growth of LNG and its changing markets
- Portfolio re-structuring and regional exits
- The development of Asian NOCs
- The promise of shale and unconventionals
Paul Griffin, Allen & Overy LLP, Hong Kong, China; Vice-Chair, IBA Oil and Gas Law Committee
Mergers & Acquisitions Module
- Stephen Rees, Shell Upstream International, The Hague, The Netherlands
- Brian A. Bradshaw, Morgan, Lewis & Bockius LLP, Houston, Texas, USA; Chair, IBA Oil and Gas Law Committee
Private Company Acquisitions – Practical Problems and Solutions
The presentation will look at some problem issues that can arise in negotiating Sale and Purchase Agreements and provide practical advice and guidance on how to deal with these issues.
Nigel Boardman, Slaughter & May, London, United Kingdom
Upstream M&A - A Statoil Perspective
An overview of recent M&A trends with special focus on legal issues relating to transactions on the UK and Norwegian Continental Shelves.
Leo Csaky, Senior Legal Counsel, Global Strategy & Business Development, Statoil (U.K.) Limited, London, United Kingdom
Upstream M&A in Brazil
Recent M&A trends and legal issues in transactions involving Brazilian E&P assets.
Giovani Loss, Mattos Filho Advogados, Rio de Janeiro, Brazil; Membership Officer, IBA Oil and Gas Law Committee
De-risking M&A in High Growth Markets
An update on recent trends in international upstream M&A.
Jonathan Lamb, Principal Counsel Corporate Finance Legal Department, BG Group, Berkshire, United Kingdom
Panel Q&A session
All speakers from the M&A module will join a Panel to answer questions from the audience on their presentations or on other topical Upstream M&A issues.
MCLE Credit / CPD Hours
Up to 9 hours of CPD hours available.* Conference Certificates of Attendance will be provided to all registrants. The Certificate may be used to obtain accreditation in self-reporting MCLE credit states (US).
*As per the Solicitors Regulation Authority of England and Wales. The number of CPD points/hours available may vary for other bar associations and law societies on their criteria.
Available to Non-Law Firms
- Headline Conference Sponsor - £5,000
- Associate Conference Sponsor - £3,500
- Exhibitor - £1,500
Available to All
- Associate Social Event Sponsor - £4,000
- Conference Dinner Sponsor - £3,000
- Conference Reception Sponsor - £2,500
- Conference Luncheon Sponsor - £2,000
- Conference Refreshment Break Sponsor - £2,000
The Waldorf Hilton
London WC2B 4DD
Tel: +44 (0)20 7759 4097
Fax: +44 (0)20 7240 9277
The following rates are per room, per night and inclusive of buffet breakfast, and local taxes.
- Single room: £259
- Double room: £269
To make your reservation please call +44 (0)20 7759 4097 or email firstname.lastname@example.org.
Or you can register online www.hilton.co.uk/waldorf using the group code: AIBAA
The hotel requires a credit card number to secure your reservation.
Cancellation and No-Show Policy
Please note that in the event of any cancellations or no-shows, rooms will be charged to the individual guest’s credit card given at the time of booking.
Please note that any reservation made after 4 November will be subject to availability and cannot be guaranteed at the special IBA/IEL rate. As a limited number of rooms have been blocked at the hotel, availability cannot be guaranteed once the room block is full.
Delegates are responsible for making accommodation reservations directly with the hotel and entering into an agreement with the hotel regarding credit card guarantees, cancellation terms and conditions, and room rates (should these differ from the special IBA/IEL rate). The IBA and IEL cannot accept responsibility for hotel accommodation disputes between a delegate and the hotel.
All IEL conferences are held under the Chatham House Rule. Participants, including journalists, are free to use any information received, but comments may not be attributed to any speaker identiﬁed by name or affiliation.
The Center for American and International Law does not discriminate on the basis of race, color, sex, religion, national origin, age, disability, veteran status or any other protected status in educational activities, scholarship programs or admissions.