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Arbitration and Dispute Resolution Why Attend Effective dispute resolution helps minimize the costs and adverse effects to relationships that often arise from commercial disputes. If informal negotiation fails to resolve a dispute, mediation or arbitration can often be the next best option in order to avoid litigation in court. This course will give participants an insight into dispute resolution from the perspective of a lawyer. Participants will gain an in-depth understanding of the main differences between the various dispute resolution techniques with a particular focus on arbitration, in order to reduce the likelihood of disputes leading to court cases. Course Methodology In this interactive training course participants will frequently work in pairs as well as in larger groups to complete exercises as well as regional and international case studies. Course Objectives By the end of the course, participants will be able to: Identify the right course of action to resolve a legal dispute Reduce the possibility of disputes leading to legal action Apply national and international legal requirements for dispute resolution Employ arbitration knowledge to negotiate terms Use case law to achieve a favorable outcome for their organization Target Audience This course is suitable for professionals within all industries who are involved in contract management and resolving disputes including, but not limited to, project managers, contract managers, procurement managers, supply chain managers, contractors, architects, developers and engineers. This course would also highly benefit in-house council and legal advisors new to the region who require the fundamentals of dispute resolution in the GCC. Target Competencies Litigation Arbitration Mediation Negotiation GCC Dispute Resolution Frameworks Note The Dubai Government Legal Affairs Department has introduced a Continuing Legal Professional Development (CLPD) programme to legal consultants authorised to practise through a licensed firm in the Emirate of Dubai. We are proud to announce that the Dubai Government Legal Affairs Department has accredited EMG Associates as a CLPD provider. In addition, all our legal programmes have been approved. This PLUS Specialty Training Legal course qualifies for 4 elective CLPD points. Fundamentals of dispute resolution Overview of the dispute resolution process Adjudicative process Consensual process Introduction to the English High Court litigation processes Why do international businesses take their dispute to the English High Court? English civil courts Legal practitioners who are involved in resolving disputes Importance of jurisdiction clause How do you decide? Exclusive or non-exclusive? Differences between the Civil law system and the Common law system Principles of the common law system Principles of the civil law system The importance of these systems in dispute resolution Importance of Alternative Dispute Resolution ( ADR) Types of ADR Arbitration Mediations Conciliation Negotiation Arbitration - the best form of ADR The object of Arbitration The role of an Arbitrator Advantages and disadvantages of Arbitration Requirement of an Arbitration agreement The importance of the New York convention The role of UNCITRAL in dispute resolution Preparing for an arbitration hearing Types of Arbitration Institutional arbitration v Ad hoc arbitration Advantages and disadvantages of Institutional arbitration Advantages and disadvantages of Ad hoc arbitration Drafting international Arbitration agreement Checklist for drafting an Arbitration agreement Practical consideration with 'Seat' of Arbitration Model Arbitration clauses ICC LCIA Arbitral awards Enforcement of an Arbitral awards Grounds for challenging Arbitral awards Recent international case law Arbitration terms and terminology Other ADR methods: Advantages and disadvantages of each method: Mediation Conciliation Negotiation Ambiguity in an Arbitration clause What to avoid Importance of the language used in an Arbitration clause Dubai International Arbitration Centre (DIAC) Examining the rules of DIAC
About this Training A variety of factors such as prices for crude oil and natural gas, liability exposure, and relations with host countries, present an opportunity for investors looking to acquire assets without taking on elements of exploration and market risk. Conversely, operators want to ensure that they are in the best position to monetise the disposal of interests in their portfolios. The material in this course covers the range of considerations that occur in the sale and purchase of upstream oil and gas properties. They include structuring (asset sale, share transfer, merger, interest swaps, and farm-outs), process (tender, direct negotiation, due diligence, preliminary and final agreements, closing and post-closing adjustments) and how funding is structured (credit agreements and reserve base lending). Training Objectives Upon completion of this course, participants will be able to: Plan and prepare for the sale or purchase of upstream oil and gas properties Select and structure the type of transaction best suit to the position of the Buyer and Seller Conduct and evaluate the commercial, operational, and legal aspects of due diligence Negotiate and document the terms and conditions contained in sale and purchase agreements for oil and gas properties Conduct post-closing adjustments in the sale and purchase of operating properties Assist in the negotiation of credit arrangements to fund the purchase of oil and gas properties Target Audience This course has been specifically designed for commercial, operating, legal and financial professionals involved in the sale and purchase of upstream oil and gas properties whose roles include: Conducting tenders for the sale of exploration and operating interests Performing due diligence reviews Negotiating preliminary and definitive agreements Arranging credit agreements and other types of funding Course Level Basic or Foundation Trainer Your expert course leader is an international legal expert in petroleum law who is based in Scotland. He received the degrees of Juris Doctor from the University of Wyoming and LLM-Energy Law from the University of Utah. He has been listed in the Guide to the World's Leading Energy and Natural Resources Lawyers. In over 30 years of practice, he has been chief legal officer in petroleum companies, consultant to development banks and aid programmes, and law professor. His private sector experience included positions as General Counsel of the Petroleum Corporation of New Zealand and Chief Legal Officer for Sinclair Oil Corporation in the United States. He has been a consultant to the Asian Development Bank, The World Bank and the European Investment Bank on petroleum sector policy, gas sales agreements, and production sharing contracts. This has included assignments in Cambodia, Bangladesh, India, Indonesia, Laos, Pakistan, Papua New Guinea, Philippines, and Vietnam. Your expert course leader has been an adviser and trainer on negotiations for various petroleum companies including BP, BG Group, Gazprom, KazMunayGas, Perushaan Gas Negera, Pertamina, PETRONAS, Philippine National Oil Corporation, Total, Shell and Statoil. He was appointed by Economic Community of West African States (ECOWAS) as the lead negotiator on behalf of four West African governments for the West African Gas Pipeline Project. His academic credentials include an appointment as Distinguished Visiting Professor for Oil & Gas Law at the University of Wyoming. He is currently Honourary Professor for International Petroleum Law at the University of Dundee Centre for Energy, Petroleum & Mineral Law and Policy. At CEPMLP, he has been the Course Director and principal instructor for seminars on Petroleum Industry Negotiations, Petroleum Service Contracts, Gas Industry Contracts, and Downstream Petroleum Law. He is the course author of International Comparative Petroleum Law. His publications include A Framework for Negotiating and Documenting International Petroleum Transactions and A Framework for Negotiating and Managing Production Sharing Contracts and Related Agreements. His academic work has been published in the Land and Water Law Review, Tulsa Law Journal and Journal of Comparative and International Law. POST TRAINING COACHING SUPPORT (OPTIONAL) To further optimise your learning experience from our courses, we also offer individualized 'One to One' coaching support for 2 hours post training. We can help improve your competence in your chosen area of interest, based on your learning needs and available hours. This is a great opportunity to improve your capability and confidence in a particular area of expertise. It will be delivered over a secure video conference call by one of our senior trainers. They will work with you to create a tailor-made coaching program that will help you achieve your goals faster. Request for further information about post training coaching support and fees applicable for this. Accreditions And Affliations
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Legal Writing and Drafting Skills Why Attend There is a misconception that legal writing and legal drafting is the same but there is a substantial difference between the two. While legal writing typically deals with persuasive documents such as court briefs and legal letters, legal drafting involves creating documents such as contracts. They are both equally important in legal practice. Legal writing is an important skill needed in every practice area of law. Words are used to advocate, inform, persuade and instruct. Are you giving the right impression? Are your clients receiving the right message? This course focuses on clear legal writing for a global audience. Effective communication with English speaking lawyers is about more than simply words. It entails understanding the unique way these speakers think and approach the legal, political, and business world. Did you know that most international commercial agreements are drafted in English, irrespective of the nationality of the contracting parties. Drafting contract skills is ideal for lawyers working in English as a foreign language who need to draft, explain or interpret contract clauses written in English. During the course, delegates will look at a wide variety of commercial agreements through to practical drafting sessions. This course will help participants to draft confidently and effectively in English regardless of the governing law. This is a practical course with many exercises and examples in order to achieve an interactive and stimulating outcome. The course's activities involve the production of typical work-place legal documents. Course Methodology The course consists of group discussions as well as individual and team tasks. There will be writing practice throughout the exercises. Course Objectives By the end of the course, participants will be able to: Apply plain English style of writing to all legal documents Recognize the need for legal clarity in different types of legal documents: legal letters, emails, memorandum and opinions Apply good legal writing practice Demonstrate the register of legal writing Correct common mistakes in legal writing Dispense and deal with pitfalls and issues relating to the use of legal jargon Proofread effectively Target Audience This course is for lawyers, legal secretaries, commercial managers, contract managers and anyone who must draft, amend or update contracts, legal letters and legal opinion. The course is suitable for non-native English speakers looking for a better understanding of English legal terms. Target Competencies Drafting letters Proofreading Writing in plain English Understanding legal terms Legal writing practice Note The Dubai Government Legal Affairs Department has introduced a Continuing Legal Professional Development (CLPD) programme to legal consultants authorised to practice through a licensed firm in the Emirate of Dubai. We are proud to announce that the Dubai Government Legal Affairs Department has accredited EMG Associates as a CLPD provider. In addition, all our legal programmes have been approved. Legal Drafting Signs of a well drafted contract: The simple rules! The language of drafting: Will v Shall v Must Identifying the legal formalities for a binding contract Structure and formation of a commercial contract: follow the formula and you won't go wrong The importance of Boilerplate clauses: No waiver Notices Assignment v Novation Governing v Jurisdiction Force majeure - are we covered for viruses (covid19)? Dispute resolution clause: Litigation v Arbitration v Mediation The preliminary documents in international transaction - using Heads of Terms effectively Vague words and expressions in commercial contracts- know the pitfalls! Best endeavors v All reasonable endeavors v reasonable endeavors Overview of cross border contracts: Distribution v Joint venture v Agency agreements Share Purchase Agreements Warranties and indemnities Allocating risks and liabilities between the buyer and seller Negotiating warranties from a Share Purchase Agreement Plain English in Legal Correspondence Good legal writing practice Moving from legalese to Plain English Unnecessary archaic and meaningless phrases Collocations Importance of collocations in legal writing Pitfalls and issues relating to the use of legal jargon in legal writing Writing short emails Writing long emails Writing formal emails Writing A Legal Letter Layout of a letter Body of a letter Putting a letter together The register of letter writing Typical sentences in legal letters The letter writing clinic: looking at the ten most common problems Rewriting letters Rewriting informal sentences to modern alternatives Correcting common mistakes in letter writing Legal Writing Troubleshooting The problem of English idioms Rephrasing English idioms Easily confused words Cutting unnecessary words Use of consistent terminology Ambiguity: how to avoid it Vagueness: how to avoid it Misuse of preposition in dates Problem words Constantly litigated words Rewriting sentences to remove gender specific language
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About this Training Course The Oil & Gas E&P industry is evolving from deep sea exploration to renewable sources of energy through windfarms and solar fields offshore. In tandem, OSBs will need to evolve for sustainability and revival from stagnant traditional Supply Base Models. The changing role of OSBs is toward support services for decommissioning projects and LNG Floating Terminals. In addition, the new geographical regions of East and South Africa are coming up at a faster pace. All such operations are dependent upon a complex network of transport and supply in order to deliver the staff, materials, machinery, and crew provisions where and when needed. This 3 full-day course is curated to enhance the skills and competencies of passionate professionals to plan and organise resources, minimise turnaround time for the vessels engaged in support of Offshore E & P operations. Various hands-on exercises can equip the participants to implement viable and feasible approaches for safe and efficient management of OSBs in compliance with continuously evolving international best practices and Oil & Gas standards. This course is specially developed for investors, business owners, senior executives and professionals from the offshore & marine logistics industry, with the following objectives: To provide a firm understanding about the role of an Offshore & Marine Supply Base in support of Oil & Gas E & P fleet operations, in contrast with traditional merchant shipping logistics. To provide an in-depth knowledge about the range and diversity of services being offered by Offshore & Marine Supply Bases ('OSB') in the target regions. To equip with the knowledge and information required for taking investment decisions when venturing in Offshore E & P Sector. To introduce contemporary techniques and tools required to identify target customer segments while developing a new OSB or expanding operations of an existing OSB. To elaborate comparative management methodologies for OSB facilities and services management, based on deployment of ICT solutions so as to deliver value added services to the customers. To learn to identify methodologies for sales and distribution of services to the customers and non-paying users of the OSB. To identify relevant state legislation for licensing & governing an OSB, and enforce through contractual obligations, rights and responsibilities of the parties as clients of an OSB. To develop and implement Business Processes with built-in Performance Evaluation Metrics for achieving competitive advantage over the peers in the OSB segment. To develop and implement integrated OSB's Risk Management framework. This course can also be offered through Virtual Instructor Led Training (VILT) format. Training Objectives Upon completion of this course, the participants will be able to: Implement and comply with the QHSSSE regulations and national or Port Controls regime for safe handling of import & export cargo and movements of the vessels. Establish role and responsibilities of the Offshore Supply Base management team. Plan and organise resources so as to minimise turnaround time for the vessels engaged in support of Offshore E & P and Windfarms operations. Plan and organise OSB cranes, vehicles, MHE, spaces and relevant facilities for storage, movement, and custody transfer of various types of solid and liquid cargo, tools, shackles, bulk materials in open yards and ships' gears. Be aware of potential emergency situations and how to respond and coordinate with relevant internal and external agencies. Manage safety of personnel of sub-contractors, stevedores', tenants, and ship crew, when engaged in OSB operations. Differentiate between various ships, technical and functional characteristics, safety requirements and potential hazards of each operation. Build competency in developing and maintaining documentary evidence for traceability for all works executed during the specific period or operation. Develop techniques for performance monitoring and continuous improvements based on lessons learned from each operation at the Base as well as from reports about peers in the similar business. Target Audience This course is intended for: Operations Management personnel from existing OSBs, Ports, Logistics & Warehouses, Offshore Fields, E & P Infrastructure Support services providers. Professionals who are interested in OSB segment of the Offshore & Marine Oil & Gas Industry. Participants who have no prior knowledge about OSB Operations and are new to the Offshore Logistics And highly recommended for: Managers, Engineers, and Professionals assigned to lead new initiatives in Logistics Management of Offshore & Marine Segments of Oil & Gas Industry. Course Level Intermediate Trainer Principal Management Consultant Chartered Valuer and Appraiser (CVA) FACICA | FAMTAC | FAIADR | M.S.I.D | Member, AIEN LL.M. (IP Law), M. Sc. (Maritime Studies), M. Tech (Knowledge Engineering), MBA, First Class CoC (MCA, UK), B. E. (Elect) Your expert course leader during the last 47 year period, has worked and consulted in the industry verticals encompassing: Technology, Oil & Gas Exploration & Production, Petrochemical Process Plants and Power Plant Construction Projects, Logistics & Warehousing, Marine, Offshore, Oil & Gas Pipelines, Infrastructure Development Projects (Ports, Offshore Supply Bases, Oil & Gas Terminals and Airports etc), EPCIC Contracts, and Shipyards, in South East Asia, Africa, Middle East, Americas and Europe. He serves as the Principal Management Consultant with a management consultancy in Hong Kong and Singapore, specialising in the fields of corporate management consultancy, international contracts reviews and alternative dispute resolutions services. He undertakes special assignments for conducting audits and valuation of intangible properties involving proprietary processes for licensed production, and licensing of intellectual property rights (IP Rights) in patents, trademarks, and industrial designs. He is frequently engaged for assignments like due diligence, acquisitions, mergers, resolving various operational issues, technology transfer and agency services contracts reviews, cost controls, and enhancement of Supply Chain Management. He has been conferred the credentials of Chartered Valuer & Appraiser (CVA) by SAC and IVAS, in accordance with the international valuation standards setting body IVSC. His consulting experience includes Charterparty Management, Business Process Re-engineering, Diversifications, Corporate Development, Marketing, Complex Project Management, Feasibility Studies, Dispute Resolutions and Market Research. He has successfully assisted Marine and offshore E & P clients in managing contractual disputes arising from various international contracts for upgrading & conversion projects. He continues to be actively engaged in claims reviews, mediation, arbitration, litigation, and expert witness related assignments, arising from international contracts and Charterparty Agreements. He graduated with a Bachelor's degree in Electrical Engineering, MBA in General Management, Master of Technology in Knowledge Engineering, Master of Science in Maritime Studies, and LL.M. (IP Law). He also holds professional qualifications in Business Valuations and Appraisers for CVA, arbitration, law, and marine engineering, including the Chief Engineer's First-Class Certificate of Competency (MCA, UK). He is further qualified and accredited as Certified International Arbitrator, Chartered Arbitrator, Sports arbitrator under CAS Rules, WIPO Neutral, Australian Communications and Media Authority (ACMA) Bargaining Code Arbitrator, Accredited Adjudicator and Accredited Mediator (Malaysia). He is admitted to the international panels of arbitrators and neutrals with WIPO, Geneva; ACICA, AMTAC and ACMA, Australia; BVIAC (British Virgin Islands); JIAC (Jamaica); HKIAC Hong Kong; AIAC, Malaysia; AIADR, Malaysia; KCAB, Seoul, South Korea; ICA, Delhi, India; ICC (Singapore); SISV, Singapore; SCMA, Singapore; SCCA, Saudi Arabia; VIAC Vienna, Austria; Thailand Arbitration Centre (THAC), and Mediator with AIAC Malaysia, CMC, and SIMI Singapore. POST TRAINING COACHING SUPPORT (OPTIONAL) To further optimise your learning experience from our courses, we also offer individualized 'One to One' coaching support for 2 hours post training. We can help improve your competence in your chosen area of interest, based on your learning needs and available hours. This is a great opportunity to improve your capability and confidence in a particular area of expertise. It will be delivered over a secure video conference call by one of our senior trainers. They will work with you to create a tailor-made coaching program that will help you achieve your goals faster. Request for further information post training support and fees applicable Accreditions And Affliations
About this Training Course The two elements which consistently remain in the forefront of every executive, tasked to manage a project, are 'Cost' and 'Time'. There is probably no disagreement or a need to prove that a strong correlation exists between Cost and Schedule. The mechanics of capturing cost during the execution is not that difficult a task, as it is when undertaking Design, Engineering, Estimating, Planning, Scheduling, and seeking financing for the project. The corporate management is expected to provide realistic, reliable and risks adjusted projections of a project's overall financial performance. This 3 full-day course and workshop is developed to make the delegates walk through the engineering formulas and equations to become a professional in managing estimates, projections, risks, uncertainties and secure financing for high value, high risk projects, from both On-shore and Offshore Oil & Gas industry segments. This course can also be offered through Virtual Instructor Led Training (VILT) format. Training Objectives Objectives of this Training Course: This course and the workshops are developed for the participants to gain comprehensive understanding of the field of Cost Engineering and its impact on the project execution, financing and risk management. The underlying objectives are: Enhance familiarization with mechanics of cost engineering in developing budgets and Project Cost Models. Gain understanding of diversity in financing of EPC Projects in context of Offshore and Onshore Oil & Gas projects in international arena. Identify risks associated with cost estimates and costing elements, with an objective of developing project strategies and minimizing the exposure to escalation of prices and market factors. Appreciate the correlation between cost and schedule, resulting in the delivery of contractual obligations. Develop competency to manage risks of costs and time overrun, by implementing appropriate cost control mechanism. Target Audience If you are responsible for undertaking one or more of the following functions in the Oil & Gas and Offshore & Marine Industry, you can't afford to miss this course: Management Accountants, Finance Managers, Cost Controllers, Project Directors, Contracts & Projects Managers, Estimators, Planners and Risk Managers. Course Level Intermediate Training Methods Unique Features of this Enhanced Course Curriculum: This course and the workshops are developed for the participants to gain comprehensive understanding of the field of Cost Engineering and its impact on the project execution, financing and risk management. The underlying objectives are: Enhance familiarization with mechanics of cost engineering in developing budgets and Project Cost Models. Gain understanding of diversity in financing of EPC Projects in context of Offshore and Onshore Oil & Gas projects in international arena. Identify risks associated with cost estimates and costing elements, with an objective of developing project strategies and minimizing the exposure to escalation of prices and market factors. Appreciate the correlation between cost and schedule, resulting in the delivery of contractual obligations. Develop competency to manage risks of costs and time overrun, by implementing appropriate cost control mechanism. Trainer Principal Management Consultant Chartered Valuer and Appraiser (CVA) FACICA | FAMTAC | FAIADR | M.S.I.D | Member, AIEN LL.M. (IP Law), M. Sc. (Maritime Studies), M. Tech (Knowledge Engineering), MBA, First Class CoC (MCA, UK), B. E. (Elect) Your expert course leader, during the last 47 year period, has worked and consulted in the industry verticals encompassing: Technology, Oil & Gas Exploration & Production, Petrochemical Process Plants and Power Plant Construction Projects, Logistics & Warehousing, Marine, Offshore, Oil & Gas Pipelines, Infrastructure Development Projects (Ports, Offshore Supply Bases, Oil & Gas Terminals and Airports etc), EPCIC Contracts, and Shipyards, in South East Asia, Africa, Middle East, Americas and Europe. He serves as the Principal Management Consultant with a management consultancy in Hong Kong and Singapore, specialising in the fields of corporate management consultancy, international contracts reviews and alternative dispute resolutions services. He undertakes special assignments for conducting audits and valuation of intangible properties involving proprietary processes for licensed production, and licensing of intellectual property rights (IP Rights) in patents, trademarks, and industrial designs. He is frequently engaged for assignments like due diligence, acquisitions, mergers, resolving various operational issues, technology transfer and agency services contracts reviews, cost controls, and enhancement of Supply Chain Management. He has been conferred the credentials of Chartered Valuer & Appraiser (CVA) by SAC and IVAS, in accordance with the international valuation standards setting body IVSC. His consulting experience includes Charterparty Management, Business Process Re-engineering, Diversifications, Corporate Development, Marketing, Complex Project Management, Feasibility Studies, Dispute Resolutions and Market Research. He has successfully assisted Marine and offshore E & P clients in managing contractual disputes arising from various international contracts for upgrading & conversion projects. He continues to be actively engaged in claims reviews, mediation, arbitration, litigation, and expert witness related assignments, arising from international contracts and Charterparty Agreements. He graduated with a Bachelor's degree in Electrical Engineering, MBA in General Management, Master of Technology in Knowledge Engineering, Master of Science in Maritime Studies, and LL.M. (IP Law). He also holds professional qualifications in Business Valuations and Appraisers for CVA, arbitration, law, and marine engineering, including the Chief Engineer's First-Class Certificate of Competency (MCA, UK). He is further qualified and accredited as Certified International Arbitrator, Chartered Arbitrator, Sports arbitrator under CAS Rules, WIPO Neutral, Australian Communications and Media Authority (ACMA) Bargaining Code Arbitrator, Accredited Adjudicator and Accredited Mediator (Malaysia). He is admitted to the international panels of arbitrators and neutrals with WIPO, Geneva; ACICA, AMTAC and ACMA, Australia; BVIAC (British Virgin Islands); JIAC (Jamaica); HKIAC Hong Kong; AIAC, Malaysia; AIADR, Malaysia; KCAB, Seoul, South Korea; ICA, Delhi, India; ICC (Singapore); SISV, Singapore; SCMA, Singapore; SCCA, Saudi Arabia; VIAC Vienna, Austria; Thailand Arbitration Centre (THAC), and Mediator with AIAC Malaysia, CMC, and SIMI Singapore. POST TRAINING COACHING SUPPORT (OPTIONAL) To further optimise your learning experience from our courses, we also offer individualized 'One to One' coaching support for 2 hours post training. We can help improve your competence in your chosen area of interest, based on your learning needs and available hours. This is a great opportunity to improve your capability and confidence in a particular area of expertise. It will be delivered over a secure video conference call by one of our senior trainers. They will work with you to create a tailor-made coaching program that will help you achieve your goals faster. Request for further information post training support and fees applicable Accreditions And Affliations
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