OIL AND GAS CONTRACTS AND DISPUTES

SHE Level 5
SCQF Credit Points 15.00
ECTS Credit Points 7.50
Module Code MMK222109
Module Leader Gibril Njie
School School of Computing, Engineering and Built Environment
Subject Construction and Surveying
Trimester
  • B (January start)

Summary of Content

This module will provide the student with an understanding of procurement and contract administration in a modern international oil & gas environment based on the main contracts. The module will examine the various methods of resolving disputes arising under contracts at law, through statutory legislation and by agreement: Litigation; Arbitration; Adjudication; ADR including Conciliation, Mediation, Negotiation. Comparison of cross border/international methods of dispute resolution particularly in relation to arbitration and Adjudication.

Syllabus

Introduction to law of contract, delict and evidence. The commercial context of contracting. Principal licensing and contractual arrangements, including principles of public international law related thereto. Joint operating agreements. Management of risks. Upstream and downstream contracting. Financing in the international oil & gas industry. Contractual claims and resultant disputes. The role of negotiation strategies in dispute avoidance under oil & gas contracts. Examination of the varying methods of dispute resolution under cross border/international agreements and the status of the award made including: mediation and conciliation, adjudication, dispute boards, arbitration and litigation. Enforcement of international arbitration awards under the New York Convention. Contemporary developments in case law and legislation.

Learning Outcomes

On successful completion of this module, students should be able to:Demonstrate a professional understanding of domestic and international contract forms for modern complex oil & gas projects.Have the ability to give advice on the selection of modern procurement routes and associated contractual relationships.Understand the principles of public international law relating to licensing and contractual arrangements.Understand joint operating agreements, risk management and financing in the international oil & gas industry.Develop a specialised knowledge and understanding of dispute resolution methods in the oil & gas industry with particular emphasis on the law and procedures applicable in each method.Recognise and illustrate a range of key concepts and theoretical approaches and evaluate their effective application.Identify key features of differing methods of dispute resolution and the role of the 'neutral'.Analyse relationships and interactions and evaluate strengths and weaknesses.Propose solutions and recommendations on case studies and hypothetical propositions.Investigate questions and problems of a non-routine and unfamiliar nature and devise solutions.

Teaching / Learning Strategy

The module will be delivered using a programme of teaching designed to provide a comprehensive and holistic view of the subject area. There will be a three week block for module delivery where learning content will be delivered through lectures in the first week. Seminars will then be used in the remaining two weeks to present case studies that will encourage the consolidation of knowledge and understanding of key module topics. Guest speakers from the Oil and Gas industry will be invited to deliver specialist topics. Students will be directed to high quality online learning resources and links to these will be embedded within module materials in the Virtual Learning Environment, as a web-based form of delivery will be used throughout the module. All students will use the VLE for all of their teaching and learning materials. Full-time and part-time students will be able to participate in enhancement sessions which will facilitate discussion and allow them to meet visiting speakers.

Indicative Reading

Gordon, G., Paterson, J. And Usenmez, E., 2011. Oil And Gas Law: Current Practice And Emerging Trends. 2nd ed. Dundee: Dundee University Press. David, M.R., 2002. Natural Gas Agreements. London: Sweet & Maxwell. David, M.R., 1999. Oil And Gas Infrastructure And Midstream Agreements. London: Langham Legal Publishing. David, M.R., 1996. Upstream Oil And Gas Agreements. London: Sweet & Maxwell. Brown H.J. and Marriott, A.L. ADR Principles and Practice, Sweet & Maxwell. 1993. Jennings A, Oil and Gas Exploration Contracts, 2nd edn, London, Sweet & Maxwell, 2008 Taverne B, Petroleum, Industry And Governments, International Energy And Resources Law And Policy Series, 15, Alphen aan den Rijn, Kluwer Law International, 2008 Picton-Turbeville G, Oil And Gas: A Practical Handbook, Globe Law and Business, 2009 Jenkins A, Oil and Gas Production Contracts, Sweet and Maxwell, 2008 Born, G. International Arbitration : Cases And Materials.. Wolters Kluwer, 2011 Blackaby, N, Partasides, C. Redfern And Hunter On International Arbitration , 5th Edition Oxford University Press, 2009 Journals: Oil, Gas & Energy Law Intelligence Energy Law Journal Journal of Energy & Natural Resources Law Journal of Land, Resources & Environmental Law Journal of World Energy Law & Business San Diego Journal of Climate & Energy Law Texas Journal of Oil, Gas, and Energy Law

Transferrable Skills

There will be a range of transferrable skills developed in this module including graduate attributes to help students become 21st century global citizen equipped with the necessary skills, confidence and experience to achieve their life ambitions. As part of the assessment process, students will be given the opportunity to improve their communication skills through technical report writing and presentations. An ability to listen and present ideas confidently and appropriately will be developed. Students will be required to retrieve information and critically evaluate data showing an ability to work both independently and in teams where appropriate. Throughout the module they will be encouraged to take charge of their learning and career development.

Module Structure

Activity Total Hours
Independent Learning (PT) 92.00
Lectures (FT) 24.00
Practicals (PT) 10.00
Independent Learning (FT) 76.00
Lectures (PT) 24.00
Assessment (FDL) 24.00
Assessment (FT) 24.00
Tutorials (FT) 6.00
Seminars (FT) 20.00
Assessment (PT) 24.00
Independent Learning (FDL) 99.00

Assessment Methods

Component Duration Weighting Threshold Description
Coursework 1 n/a 50.00 45% Technical Report
Coursework 2 n/a 50.00 45% Technical Report