09:00 Opening Address and Welcome from the Chairman

09:10 Engineering for Non-Engineers: Developing Watertight Contracts by Understanding Project Particulars

To write the perfect contract, legal teams require a degree of knowledge about the engineering process. This session will provide an overview of upstream oil and gas projects, highlighting the aspects of the project that bear the most risk.

• Looking at specific inherent risk from project initiation to completion and identifying where coverage could be most valuable
• Thinking about the hazards: What aspects are especially risky and where can things most easily go astray? What safeguards are available?
• Identifying the top three things that must be covered contractually form an engineering perspective

R Lakshmi
Deputy Project Engineering Manager
CB&I Singapore

09:50 Strategies and Tactics for Consequential Loss Drafting

• Contracting strategies for major complex capital projects
• Methods for covering consequential losses
• The top 3 considerations for avoiding the worst of all liabilities

Haward Soper
Regional Contracts Manager - Middle East and Far East
Shell Global Solutions (Malaysia) Sdn Bhd

11:00 Exploring the Current Insurance Landscape: How Post-Macondo Insurance Premiums have Forced Companies to Reassess Liabilities and Cost

• Assessing the insurance landscape: How is insurance typically utilised to mitigate risks?
• Considering the costs of liabilities in the face of unlimited liability: How has the pricing structure changed?
• Addressing alternatives avenues of mitigating risks without jumping to insurance

Justyn Jagger
Director
International Association of
Insurance Law- Singapore

11:40 Contract Risk Indemnity

Indemnity provision numbers are amongst the most important of contractual clauses. The skills required to effectively negotiate in the international oil and gas industry rely on a fundamental understanding of critical indemnity clauses. This presentation will assess the various aspects of indemnity and explore the difficulties of negotiating the most appropriate contract protection.

• Exploring the various contractual obligations and discover what options are best employed
• Understanding contract limitations of both warranties and indemnities and improve you risk management processes
• Uncovering allocation of risk and the issues surrounding mitigation: Protect your organisation from reputational damages

Mark Tudor
Senior Legal Counsel
BW Offshore

13:20 Considerations for Negotiating Contracts from an EPC Perspective

• Strategies for mitigating risk in large projects and marginal fields
• Discussing the relationship between the operator and the contractor
• Illuminating specific clauses related to indemnity and liability

Srivinas Pala
Senior Manager of Contracts
Larsen & Toubro

14:00 Dealing with Dishonesty: How Contractual Agreements Need to Incorporate Clauses to Battle Corruption

• Spotlighting the most recent developments and political action regarding corruption both regionally and globally
• Including due diligence, contractual requirements, and audits to minimise the chances of bribery
• Dealing with the secondary parties such as consultants, agents, intermediaries, and business partners

Yngve Berntsen
Chief Procurement Officer
Fugro

15:10 Analysing the Costs of Mitigating Risks during Contract Execution vs. Resolving Disputes through Litigation

• Strategies for resolving issues and mitigating risks during the contract stage
• Determining the extended and hidden costs of going to arbitration
• Best practice strategies for handling, resolving and avoiding disputes

Samuel Sharpe
Associate
International Association of
Insurance Law- Singapore

15:50 Dissecting and Carefully Considering the Mutual Hold Harmless (MHH) Clause

• Blindly applying the MHH: What are the risks of this tactic?
• Carefully considering the rationale of accepting an MHH: Are there alternatives?
• Thinking about carve-outs and how they can be applied to best limit liability

Chris Morrison
Owner/Managing Attorney
Morrison Energy Resources

16:30 Panel Discussion: Regarding Pollution and Environmental Liability

• Discussing pollution and environmental liabilities from the insurers perspective
• Who bears the risk? Tailoring a contract to determine who is liable for environmentally-focused third party claims
• Should environmental coverage be moved out of OEE and into its own category?

17:00 End of Conference Day Two

17:10 Start of Workshop B