4th IEL-SEERIL International Oil & Gas Law Conference

Overview

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.

Conference Co-Chairs

Alex Msimang
Vinson & Elkins
London, United Kingdom 

Paul Stockley
Bond Dickinson LLP
London, United Kingdom

Schedule and Faculty

December 4, 2013

7:00-8:30 pm

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

9:00 am

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

Module Chairs:

• David Isenegger, Centrica plc, Windsor, United Kingdom
• Kristine Robidoux, QC, Gowling Lafleur Henderson LLP, Calgary, Canada

9:15 am

Legislation and Enforcement Update: Corruption, Sanctions and Economic Crime

Our panel will discuss important updates in international economic crime legislation and enforcement.

Panel Moderator

Kristine Robidoux, QC, Gowling Lafleur Henderson LLP, Calgary, Canada

Panelists

• 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

10:30 am

Coffee/Tea Break

10:50 am

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. 

Panel Moderator

David Isenegger, Centrica plc, Windsor, UK

Panelists

• 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

11:50 am

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 

12:30 pm

Hosted Luncheon

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

Module Chairs:

• Elisabeth Eljuri, Norton Rose Fulbright, Caracas, Venezuela
• Laura M. Robertson, ConocoPhillips, Houston, USA

2:00 pm

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

2:40 pm

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

3:15 pm

Coffee/Tea Break

3:30 pm

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

4:00 pm

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

4:25 pm

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.

Panel Moderator

Laura M. Robertson, Managing Counsel, Arbitrations and Claims, ConocoPhillips Company, Houston, Texas

Panelists

• 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

5:10 pm

Adjourn

7:30-10:00 pm

Reception and Dinner at the Long Room at Lords

December 6, 2013

Regional Update Module

Module Chairs:

• Marco Bollini, Eni UK Limited, London, United Kingdom
• Nicolas Bonnefoy, Ashurst LLP, London, United Kingdom

9:00 am

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

9:30 am

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

10:00 am

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

10:30 am

Coffee/Tea Break

10:45 am

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

11:15 am

11:45 am

Asia-Pacific Update

• 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

12:15 pm

Networking Luncheon

Mergers & Acquisitions Module

Module Chairs:

• 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

2:00 pm

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

2:25 pm

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

2:50 pm

Coffee/Tea Break

3:05 pm

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

3:30 pm

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

3:55 pm

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.

4:30 pm

Adjourn

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.

Sponsorship Opportunities

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

Download Sponsorship Opportunities

Hotel Information

The Waldorf Hilton
Aldwych
London WC2B 4DD
Tel: +44 (0)20 7759 4097
Fax: +44 (0)20 7240 9277
Email: hzl_mail@hilton.com

The following rates are per room, per night and inclusive of buffet breakfast, and local taxes.

• Single room: £259
• Double room: £269

Booking Information

To make your reservation please call +44 (0)20 7759 4097 or email adrien.marcelis@hilton.com.

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. 

Other Information

Press Policy

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.

Nondiscriminatory Policy

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.

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