Friday 5 June 2015

2 Days Contracts Management for Oil & Gas Industry

 
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Course Information
Date: 29 & 30 June 2015 (Mon & Tue)
Time: 9.00am to 5.00pm
Venue: Concorde Hotel Function Room (f.k.a Le Meridien Hotel)
Fees: SGD 850 (NETT)
S$320 (After PIC Grant)
** Enjoy savings for group registrations of 3 pax or more. Email us for more details
*Enjoy up to 400% tax deduction or 60% cash payout under the Productivity and Innovation Credit (PIC) scheme for Staff Training. Find out more at https://www.iras.gov.sg/ or email picredit@iras.gov.sg
Inclusive of teabreaks and lunch
Registration is on a 1st come 1st serve basis. Register early to avoid disappointment.
Click here for registration form
To register, please contact Ms Elsie Koh @ 9857 8570/ 62789785 or elsie@360degrees.com.sg
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2 Days Contracts Management for Oil & Gas Industry


This 2-day seminar explores the legalities of contract and contractual obligations for the oil and gas industry. The course will equip participants with the understanding of the operations of Contract Law Management so that key personnel can fulfil their responsibilities efficiently. The course will also benefit contractors in facilities management in the oil & gas industry. Ignorance of the law is not a privilege. It's a misfortune. Knowing the pitfalls, challenges and effective solution will be better than the costly mistakes due to ignorance. Ignorance of the law is no defence too.

You do not need to have prior legal knowledge to attend this course.

Course Outline:

  1. Introduction to Risk Management

    • The Reasonable Man Test
    • Managing contracts
    • Common law v civil law system
    • Consideration â€" sufficiency in common law
    • Territorial delimitation and hydrocarbons resources
      • dispute resolution
      • mediation & arbitration
    • Due diligence
    • Seek appropriate Contractual Safeguards
      • force majeure
      • indemnity clause

  2. The 4 Regimes governing relationships
    • Licenses
    • Concessions
    • Production sharing agreements (PSA)
    • Service contracts

  3. Upstream Joint Ventures
    • joint bidding agreements + joint operating agreements
    • key features of joint operating agreements
    • leaving the joint venture
      • withdrawal & default
      • transfers & pre-emption rights
    • lifting and disposal
    • abandonment & decommissioning
    • force majeure

  4. Downstream Consumption
    • gas sale & purchase agreements (GSA)
    • different types of GSA with key distinguishing characteristics
      • means of bringing gas to market
      • responsibility for pipe line transportation
      • depletion and term-supply contract
    • parties to GSA
      • multiple sellers and / or buyers
    • conditions precedent
      • obtaining all necessary government approvals
    • GSA start date
    • late start
    • gas supply period
    • terms extension
    • delivery pressure & control of gas flow
    • reserve assurances under GSA
    • seller's reservations
    • contract quantities
    • daily contract quantity
    • annual contract quantity
    • maximum daily contract quantity
    • excess gas
    • take-or-pay
    • carry forward
    • make-up gas
    • shortfall and its remedies
    • exclusions from shortfall
      • gas not taken by buyer
      • force majeure
      • buyer's acts or omissions

      *seller did not comply with agreed quality specification

    • notify any off-specification gas
    • gas price negotiations
      • lower and higher gas price
    • price review clauses
    • nominations – contractual quantities of gas
    • variations
    • forecasts
    • undertake and overtake
    • measurement and testing
    • invoicing and statements
    • late payment or failure to pay
    • payment disputes
    • Force Majeure e.g. acts of God & natural disasters
    • termination
    • facilities and maintenance
    • definitions and interpretation provisions
    • assignment and transfers
    • liability and indemnities
    • conduct of claims
    • duty to mitigate losses
    • insurance
    • confidentiality
    • governing law
    • dispute resolution and arbitration
    • expert determination
    • representations and warranties
    • sovereign immunity
    • application of terms implied by domestic laws or international
    • Conventions

  5. Boilerplate provisions
    • entire agreements
    • time of the essence
    • costs
    • relationship of parties and exclusion of partnership
    • further assurance
    • third party rights (or exclusion thereof)
    • public announcements
    • waivers
    • invalidity and severability
    • variations
    • notices

  6. Applicability of Contractual Legal Principles
    • making a valid contract
    • misrepresentations
    • terms of contract – conditions, warranties and complex terms
    • enforcing the contract
    • remedies available for breach of contract
    • consequences of frustration

360 Degrees Trainer Profile

Associate Professor Catherine Tay Swee Kian

Assoc Prof. Catherine Tay lectures law at National University of Singapore, NUS Business School in the Department of Strategy and Policy; and medical law and business law at Yong Loo Lin School of Medicine, NUS; as well as dental law and ethics at the Faculty of Dentistry, NUS. A/Prof Tay is an Associate Professorial Fellow, NUS.

She is a Barrister-at-Law, of Lincoln's Inn, United Kingdom and an Advocate and Solicitor in Singapore. She was called to the English Bar in 1978 and the Singapore Bar in 1980. She is an Associate Director, Bernard & Rada Law Corp.
She is an author of several law books including 'Contract Law'; 'Directors' Duties and Liabilities'; 'Business Law' ; E-Commerce Law; Intellectual Property Laws and 'Medical Negligence'. She has published several legal articles in prestigious international and local law journals.

A/Prof Tay studied law at Queen Mary College, University of London and graduated with a Bachelor of Laws (Honours) degree and a Master of Laws degree, in which she specialized in Company, Shipping, Insurance and Marine Insurance laws. She did her pupillage under the Honorable Lady Mary Hogg in London and returned to Singapore in the law firm of Rodyk & Davidson.

A/Prof Tay is also a member of the Centralized Institutional Review Board – Ethics sub committee of SingHealth hospitals and polyclinics; and is also a member of the National Healthcare Group Domain Specific Review Board / Research Ethics committee tasked to review the scientific and ethical aspects of research protocols. A/Prof Tay is an examiner on law and medical law subjects for a number of professional bodies and universities in Singapore and overseas. She was an external examiner in medical law at the Law Faculty of the University of Hong Kong.

She conducts in-house training seminars and workshops for hospitals, banks, statutory boards, hotels, commercial firms and companies, clubs and associations. She is also a legal consultant appearing on many television segments.

A/Prof Tay was a committee member of the editorial board of the Singapore Accountant Journal, Journal of the Institute of Certified Public Accountants of Singapore and the (United Kingdom) The Company Lawyer. She was on the Board of Overseas Editors for the (United Kingdom) Journal of Financial Crime, an official publication of the Cambridge International Symposium on Economic Crime. She has presented conference papers at many conferences and seminars on Business Law, Medical Law, and Company and insolvency Laws overseas and in Singapore.

A/Prof Tay has published numerous articles in international peer reviewed journals such as BIOETHICS, the Hong Kong Journal of Emergency Medicine; the (United Kingdom) Journal of Business Law, (United Kingdom) Business Law Review; the (United Kingdom) Company Lawyer and the (United Kingdom) Insolvency Law & Practice, (United Kingdom) Tolley's professional negligence, (United Kingdom) Tottel's Professional Negligence, the Singapore Dental Journal; the Malayan Law Journal; the Securities Industry Review and The Singapore Law Gazette.

She received the 2008 Sinagapore Medical Journal Recognition Award for reviewing with Distinction for consistently submitting timely, detailed and scholarly reviews.

A/Prof Tay cohosted a weekly talk show "In the Eyes of the Law" on NTUC RadioHeart and was a consultant to MediaCorp television series on consumer laws "What's Your Case" on TV Channel 5.

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