1 / 8

DISPUTE RESOLUTION in the OIL & GAS INDUSTRY : NON-MEDIATION ADR

DISPUTE RESOLUTION in the OIL & GAS INDUSTRY : NON-MEDIATION ADR. a presentation by HEW R. DUNDAS Chartered Arbitrator DipICArb CEDR-Accredited Mediator www.dundasarbitrator.com. OVERVIEW of PRESENTATION. Introduction Dispute Resolution Options International Disputes Oil & Gas Industry

annick
Télécharger la présentation

DISPUTE RESOLUTION in the OIL & GAS INDUSTRY : NON-MEDIATION ADR

An Image/Link below is provided (as is) to download presentation Download Policy: Content on the Website is provided to you AS IS for your information and personal use and may not be sold / licensed / shared on other websites without getting consent from its author. Content is provided to you AS IS for your information and personal use only. Download presentation by click this link. While downloading, if for some reason you are not able to download a presentation, the publisher may have deleted the file from their server. During download, if you can't get a presentation, the file might be deleted by the publisher.

E N D

Presentation Transcript

  1. DISPUTE RESOLUTION in the OIL & GAS INDUSTRY :NON-MEDIATION ADR a presentation by HEW R. DUNDAS Chartered Arbitrator DipICArb CEDR-Accredited Mediator www.dundasarbitrator.com

  2. OVERVIEW of PRESENTATION • Introduction • Dispute Resolution Options • International Disputes • Oil & Gas Industry • A Case Study • Conclusions

  3. DISPUTE RESOLUTION OPTIONS • Litigation • Arbitration - Domestic/International • Expert Determination • Mediation • Other ADR • Advantages and Disadvantages

  4. INTERNATIONAL DISPUTES • Difficulties of Litigating • International Commercial Arbitration • Substantive & Procedural Laws • Institutions and Tribunals • Finality • Enforceability • New York Convention 1958

  5. FORMS OF ADR • Mediation/Conciliation • Executive Negotiation • Early Neutral Evaluation (ENE) • Private Mini-Trials • Med-Arb and Arb-Med • Adjudication and DRBs • Other/None of the Above

  6. CURRENT ISSUES • Oil Industry Preference for Litigation • Selection of Arbitral Tribunals • Failure to Grasp ADR Options Fully • Ignorance of non-Mediation ADR • Expert Determination • Excessive Lawyer Involvement • Macho Management/Lawyers

  7. CASE STUDY: CATS DISPUTE • CATS - North Sea Gas Pipeline • Capacity Reservation by 3rd Party User • Send Or Pay Obligation; £45m paid • Fall In Gas Price – Contract Uneconomic • High Court/CoA/House of Lords • Did the Subsea valve work ? • Was CATS “Available “ ? • £100m at stake; £8-12 million legal costs

  8. CONCLUSIONS • Oily Myth 1: There is Certainty in a Judgement • Oily Myth 2: Need Judge for High Value Disputes • Widen The Options • Practical Decisions for Practical Disputes • Judges are NOT Engineers etc

More Related