2nd ICC Kuwaiti Arbitration Day: Oil and Gas Edition

15 Jan 2020

Kuwait City English

This Second ICC Arbitration Day is dedicated to Oil and Gas disputes.

Eminent speakers will discuss the specificities of such disputes and the particular challenges and opportunities that arise from oil and gas projects in Kuwait. The measures applied to enhance the efficiency of the arbitral proceedings will also be covered along with the recent trends that are emerging in the broader sector of energy related disputes resolution, including Investor- State disputes. The debate will expand to the global perspectives in this evolving sector. 

Who should attend?

Practicing lawyers, corporate counsels, judges, arbitrators and other dispute resolution services practitioners, academics, and professionals keen on obtaining further knowledge and want to keep up to date with domestic and international arbitration.

08:30-09:00

Registration and Refreshments

09:00-09:15

Welcome Address

Sami Houerbi

Essam Al Tamimi

09:15-09:45

Keynote Speech

Gary Born

09:45-10:45

Panel 1: Settlement of Oil and Gas Disputes in Kuwait

  • The Arbitration Landscape in Kuwait: Prospects and Challenges

Aroob Al Kharafi

This presentation will address the arbitration landscape in Kuwait and the different opportunities and challenges that Kuwaiti companies and foreign IOCs face when investing in oil and gas projects in Kuwait.

  • Mega Oil and Gas Projects in Kuwait

James Plant

This presentation will address the major Oil and Gas projects in Kuwait, past, present and future. It will also address lessons learnt when dealing with IOCs and State entities.

  • The Use of ICC Arbitration ADR in Oil and Gas Disputes

Girgis Abd El-Shahid

This presentation will address the prospects of use of Arbitration and ADR schemes to resolve Oil and Gas disputes and whether this has been or will be successful in Kuwait.

Moderator:

Sami Houerbi

10:45-11:00

Discussion

11:00-11:30

Coffee Break

11:30-12:30

Panel 2: Making the Arbitration Process Work Better for the Oil and Gas Industry

  • Selection and Appointment of Arbitrator and Counsel in Oil and Gas Arbitrations

Jed Savager

This presentation will address the best strategies and techniques for appointing counsel and arbitrators in oil and gas arbitrations.

  • Time Management and Cost-Effective Measures in Oil and Gas Arbitral Proceedings

Paul Coates

This presentation examines how to improve the efficiency and cost-effectiveness of arbitral proceedings arising out of oil and gas disputes, with particular attention given to:

o         Case management techniques

o         Approach to fact and expert evidence

o         Document production

  • Transparency Initiatives and Confidentiality Expectations in Oil and Gas Arbitrations involving States or State-owned Companies

Judith Spiegel

Confidentiality is an undeniable benefit of arbitration. However, for disputes arising from contracts with States or State-owned petroleum companies this may lead to concerns regarding transparency. This talk explores these issues and the role of national and international law.

Moderator:

Dania Fahs,

12:30-12:45

Discussion

12:45-14:15

Lunch Break

14:15-15:15

Panel 3: Recent Trends in Energy Disputes – What’s Next?

  • New Types of Energy Disputes

Zainab Qurnawi

This presentation will address the new trends in energy disputes and whether Kuwait and the MENA region will witness an increase in these new forms of energy disputes.

  • Recent Trends in BITs Dispute Resolution Schemes

Thomas R. Snider

This presentation will focus on the new generation of BITs and the new trends in dispute resolution schemes thereunder and what lessons could be useful for Kuwait.

  • Global Perspectives in Investor-State Energy Disputes: Lessons Learnt

Ahmed Barakat

The energy sector, including oil and gas, continues to generate a substantial number of investor-state arbitrations. This presentation will highlight current trends, including taxation issues in the sector and issues arising from production sharing agreements. It will also draw attention to the lessons learnt from arbitrations conducted in this field.

Moderator:

Sami Houerbi

15:15-15:30

Discussion

15:30

Closing

  • Changes in the Pipeline? Hazard Warning 

Nicholas Tse

Girgis Abd El-Shahid

Member, ICC International Court of Arbitration; Managing Partner, Shahid Law Firm, Cairo

Aroob Al Kharafi

Senior Counsel, Kuwait Integrated Petroleum Industries Company, Kuwait

Essam Al Tamimi

Chairman, Al Tamimi & Company, Dubai

Ahmed Barakat

Managing Partner, ASAR Legal, Kuwait

Gary Born

Chair, the International Arbitration Practice Group, WilmerHale, London

Paul Coates

Partner, Clifford Chance, Dubai

Dania Fahs

PhD, Deputy Director, Middle East Office, ICC International Court of Arbitration, Abu Dhabi

Sami Houerbi

Regional Director for Eastern Mediterranean, Middle-East & Africa, ICC International Court of Arbitration

Managing Partner, Houerbi Law Firm, Tunis, Paris, Abu Dhabi

James Plant

Senior Associate, HFW, Kuwait

Zainab Qurnawi

Principal, QC Law Firm, Iraq

Thomas R. Snider

Partner and Head of Arbitration, Al Tamimi and Co, Dubai

Jed Savager

Partner, Pinsent Masons, Dubai

Nicholas Tse

Barrister; Partner, Brown Rudnick LLP, London

Venue:
The Regency Hotel, Kuwait
Seham Ballroom
Al Bida'a, Al Tawoon Street

Travel info: Participants are responsible for making their own travel arrangements and hotel reservations.

For further information, please contact:

Dania Fahs

Organiser

Sponsors