Global Advocacy and Legal Counsel ’s Post

An interesting panel put together to discuss an intriguing topic. I'm especially excited to have the insight of my father, Mr. Yousif Badi - CLA of DEWA and an international arbitrator, who witnessed the transformation of the energy sector in the region over the past three decades. #DubaiArbitrationWeek #EnergyDisputes #EnergyLaw #Networking

Please join CEDR and the ICC tomorrow (Wednesday the 6th of November) at the ADGM in Abu Dhabi, in what will be an interesting discussion about the use of mediation in infrastructure and energy disputes. Despite the fact that mediation is well suited to resolving disputes in these sectors, it simply has not yet developed as a go to process. What are the obstacles and how can they be overcome? In particular, this becomes critical as the energy transition will throw up many more disputes that have to be resolved through dialogue with all stakeholders and not through adjudication.

The Optimal Fiscal Regime of EOR and IOR Contracts:  A crucial aspect of EOR and IOR contracts is establishing the fiscal regime that will determine the contractor's entitlements. There are three fiscal systems commonly used as the basis for these contracts: 1- ROR Fiscal Regime 2- Fee Per Barrel Regime 3 - The third Regime involves using Production Sharing Contracts (PSC) for projects that require EOR or IOR operations. ROR Fiscal Regime:  ROR systems are not well-suited for EOR and IOR contracts because under this system, the contractor's entitlements are calculated based on the costs incurred, plus a percentage to account for the investment and associated risks. EOR and IOR projects are both costly and risky. The actual increase in production resulting from these operations may not be sufficient to cover the costs, potentially requiring the field owner to pay the EOR or IOR contractor out of its share of the profits.  #oilandgas #energy #Contract #Legal #Law #negotiationskills #drafting #energy #energytransition #hydrogen #ccus #modelcontracts #negotiations #naturalgas #Negotiation #OilandGasLaw #industrial #Environment #UAE #USA #UK #Iraq #Arbitration #Dubai #Norway

Investor- state Energy Arbitration: UK Withdrawal from Energy Charter Treaty It was announced yesterday that UK also has joined a host of other major economies in quitting Energy Charter Treaty (ECT) and its arbitration system. The latter has been criticised from various sides as being pro-energy investors in oil and gas including major multinational oil companies. It is clearly a further setback for investor-state disputes settlement (ISDS) after UN’s critical assessment of the system last year. As the withdrawal takes effect next year, there may still be claims covered by the ECT arbitration as far as UK parties may be concerned. #vanda #lawandbusiness #energyarbitration #ectregime #ukwithdrawal #impact #bita #trainingacademy #graduateprogrammes #energydisputesresolution #internationalenergyarbitraion #training #london B.I.T.A. offers training programmes on investment disputes including international energy arbitration. These, together with B.I.T.A.'s other international legal training programmes, are particularly suitable for graduates aspiring to engage in international disputes including international arbitration.

As an Energy lawyer, I'd like to share my position on the prevalent energy case now. Limak Yatirim, Enerji Uretim, Hizmetleri Ve Insaat A.S. & Ors v. Sahelian Energy & Integrated Services Ltd case. The case involved a dispute over payment for transfer of technology between Limak and Sahelian Energy, with Limak ultimately winning an ICC arbitration award in Switzerland that it sought to enforce in Nigeria before the High Court of the Federal Capital Territory (FCT). Sahelian Energy applied to set aside the award on grounds that it was contrary to public policy and had an error on its face. The Court of Appeal held that Nigerian courts are permitted to set aside foreign arbitral awards under sections 48, 51 and 52 of the Arbitration and Conciliation Act ACA, which may affect the expectations of investors and businesspeople transacting with Nigerian counterparties. Invariably, this defeats the expectations of investors and businesspeople that requests to nullify arbitral awards obtained in neutral foreign seats can only be entertained by the courts of such neutral seats.This decision is particularly important for foreign investors or businesspeople transacting with Nigerian counterparties who need to be sure that requests to nullify their arbitral awards can only be entertained by neutral courts, not by courts that may have a nationalistic or other bias towards their Nigerian counterparty.In conclusion, this case highlights potential risks associated with selecting a foreign seat for dispute resolution when dealing with Nigerian counterparties as there is now uncertainty regarding whether or not a foreign arbitral award will be enforced if challenged before a Nigerian court under certain sections of ACA. Sahelian Soul ALN Nigeria | Aluko & Oyebode

Popular course! Modern business is increasingly complex and so too are the challenges associated with commercial contracting. Quite often, individuals find themselves in a position where they are uncertain as to what the strange legalistic language is actually saying and what this then means from an interpretive perspective. This masterclass has been specifically designed with the ‘non-lawyer’ in mind. The aim is to provide a high level of ‘grounding’ and understanding not only of the component parts of contracts- but the interrelationship between them and how they can be understood and untlised. Knowledge of contractual provisions is a key advantage when engaged within commercial negotiations. The delivery medium will be open discussion throughout and exercises designed to familiarize the delegates with key aspects of commercial law and its applicability to international contracts. Register today! #contracts #trainingprovider #hrdcorp #hrd #oilgas #power #training #petroleum #energy #energytransition #OilandGasTraining #utilities #EnergyEducation

Investor-state Arbitration: ICSID Arbitration Against Republic of Trinidad and Tobago On 31st of May, 2024, NiQuan Energy LLC (U.S.), NiQuan Energy Trinidad Limited  (Trinidadian/Tobagonian) registered a request for arbitration against Republic of Trinidad and Tobago in relation to a clean energy project. The case is covered by the bilateral investment between Trinidad and the US and ICSID Arbitration Rules. The Claimant is represented by Baker and Mackenzi London, UK and New York, USA. The Respondent is represented by Office of the Attorney General and Ministry of Legal Affairs, Port of Spain, Trinidad and Tobago, Office of the Prime Minister of the Republic of Trinidad and Tobago, Port of Spain, Trinidad and Tobago, Minister of Energy and Energy Industries, Port of Spain, Trinidad and Tobago, Minister of Finance, Port of Spain, Trinidad and Tobago. #BITA #investorstatedisputessettlement #isds #icsid #investorstatearbitrationprogramme #teaching #training #workopportunities #london

Genel Energy Annual Report 2023 2023 was dominated by the suspension of the Iraq-Türkiye pipeline in March, which at present has cut off our route to the export market. Production was temporarily shut in across our assets, prior to us working with partners to generate cash from local sales in the second half of the year. This unsurprisingly resulted in a material negative impact on our performance in the year. However, our ongoing focus on resilience, something that is a core part of our business model, and reshaping of the business has positioned us well to move forward from this significant setback. The reopening of the export route, with a stable and predictable payment environment, is one of the numerous catalysts that we can see ahead in 2024. We are reviewing all options relating to the $107 million that is still owed for past exports, the repayment of which would help to further strengthen our balance sheet and boost cash generation. Miran and Bina Bawi arbitration progressing The Company has committed significant senior management time to the arbitration relating to the Miran and Bina Bawi PSCs. As a reminder, our position is that the KRG’s termination of the Bina Bawi and Miran licences in December 2021 was repudiatory and caused us significant losses. By way of reference, we have spent over $1.4 billion acquiring and attempting development of these assets, both as operator and non-operator up to the termination of both PSCs in December 2021. The two-week hearing (including factual and expert evidence) was held in London as scheduled and ended on 1 March 2024. The timing of the result is uncertain, but is expected by the end of 2024 following the Parties making closing written submissions in April 2024 and reply written submissions in May 2024. Our views on the merits of the case are unchanged since the dispute process under the PSCs was commenced in Q3 2021. #Genel #Energy #Annual #Report #2023 #oil #PSC #Arbitration

African oil and gas deals are facing delays as companies navigate complex regulations, government involvement and financing challenges. Learn more Adam Blythe in this Law.com International article: https://lnkd.in/er8FxMF4   #africa #oilandgas #mna

Had the privilege of meeting H.E. Dr. Mohammed Saeed Al Kindi, Former Minister of Environment and Water of UAE and currently a Senior Vice President at Invescore, an investment management firm during the 31st Annual Middle East Petroleum & Gas Conference (#MPGC 2024) held last week in #Dubai. We have discussed about the growth of #renewable #energy sources in the #UAE. Abdulrahim Sultan Amr Seleem Sarra Boujnah #ClimateChange #greeneconomy #ClimateAction #climateneutrality #netzero #sustainability #sustainablebusiness #sustainabilityreporting #sustainabilitymatters #sustainabledevelopmentgoals #greenfinance #greenenergy #greenfuture #greengrowth #greenbusiness #climatechange #climateaction #climatefinance #climateresilience #climateadaptation #climatejustice #climaterisk #climatetech #climatesolutions #climatepolicy #climatechangesolutions #climateactionnow #climatechangeaction #carbonmarkets #climatechangemitigation #carbonreduction