GNLU-GAIL Arbitration Conference On Oil & Gas Disputes

LIVELAW NEWS NETWORK

9 Feb 2024 11:50 PM IST

  • GNLU-GAIL Arbitration Conference On Oil & Gas Disputes
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    A collaborative conference organized by the esteemed Gujarat National Law University (GNLU) and the prominent GAIL (India) Limited with Gujarat International Maritime Arbitration Centre (GIMAC) as a knowledge partner, is an ambitious undertaking that exemplifies the convergence of legal scholarship and industry expertise. At the heart of this event is a shared vision to unravel the complexities inherent in the dynamic energy sector through the lens of legal perspectives. The conference, characterised by its comprehensive agenda, encompasses multifaceted discussions on crucial themes such as the intricate realm of Alternative Dispute Resolution (ADR) mechanisms in the commercial arena, the evolving legal frameworks governing the energy industry, sustainable energy practices, and the innovative dispute resolution mechanisms that underpin this complex sector.

    This collaborative endeavour is not merely a forum for theoretical discussions but a crucible where practical insights, case studies, and real-world applications merge seamlessly. The synergy between academia and industry leaders is palpable as participants engage in robust panel discussions, keynote addresses, and interactive workshops. These elements serve as catalysts for deeper exploration into the intricate legalities shaping the energy landscape, drawing on the collective knowledge of legal scholars, seasoned practitioners, and industry executives.

    Gujarat National Law University (GNLU) is university is committed to excellence in teaching, research, and holistic development of the students and staff. It aims to develop a sense of responsibility among the students and research scholars to serve society with the help of the field of law by developing skills concerning advocacy, legal service, legislation, law reforms, and the like. It aims to promote legal knowledge and to make law and the legal process efficient instruments of social development and social justice.

    GAIL (India) Limited is India's leading natural gas company with diversified interests across the natural gas value chain of trading, transmission, LPG production & transmission, LNG re-gasification, petrochemicals, city gas, E&P, etc. It owns and operates a network of around 15583 km of natural gas pipelines spread across the length and breadth of the country. It is also working concurrently on the execution of multiple pipeline projects to further enhance the spread. GAIL commands ~70% market share in gas transmission and has a Gas trading share of over ~ 50% in India. GAIL and its Subsidiaries / JVs also have a formidable market share in City Gas Distribution. In the Liquefied Natural Gas (LNG) market, GAIL has a significantly large portfolio. GAIL is also expanding its presence in renewable energy like Solar, Wind and Biofuel.

    The conference focuses on providing a single platform for experts from the scientific community, economists, social thinkers, and the legal fraternity. The conference goes beyond theoretical discourse, offering practical workshops that equip participants with the skills needed to navigate the legal intricacies of the energy sector. By facilitating a direct exchange of ideas and experiences, GNLU, GAIL and GIMAC aim not only to contribute to the academic dialogue but also to foster tangible collaborations and solutions that address the challenges and opportunities unique to the intersection of law and energy.

    As GNLU, GAIL and GIMAC embark on this joint venture, the conference represents a commitment to advancing knowledge, stimulating innovative thinking, and cultivating a collaborative ethos that transcends traditional boundaries between academia and industry. This collaborative platform not only highlights the symbiotic relationship between law and the energy sector but also endeavours to shape a future where legal acumen plays a pivotal role in navigating the complexities of the ever-evolving energy landscape.

    Programme Schedule

    24th February 2024 - Saturday

    Day 1

    09:00 –10:00 A.M.

    Registration for Delegates and Speakers

    Note: All Delegates and Speakers are requested to arrive early and be seated by 9:55 am.

    10:00 – 11:15 A.M.

    Inaugural Session

    • Opening Address
    • Special Address
    • Keynote Address
    • Sectoral Address
    • Closing of Inaugural Session

    11:15 – 11:30 A.M.

    Tea Break

    11:30 – 13:00 P.M.

    Session 1: Past, Present and Future of Arbitration and Conciliation Act (ACA), 1996

    A glimpse into the historical development, current status, and potential future trajectory of the Arbitration and Conciliation Act (ACA), 1996, showcasing its enduring significance in the realm of alternative dispute resolution in India. Key legal developments relating to Emergency Arbitrations, Challenges and Enforcement of Awards followed by a discussion on how the emerging viewpoints on these issues may shape the arbitration practice in the coming decade (2024-2034).

    Topics to be discussed:

    • Pro-enforcement, shifts and amendments to ACA 1996
    • Judicial Pronouncements that establish Indian Arbitration in Global Context
    • Taming the unruly horse of public policy under Indian Laws
    • Indian Court's Perspective on Arbitral Appointments
    • Emergency Arbitrations; Challenges & Enforcement of Awards
    • Key future amendments to the ACA 1996 - What's Next?

    13:00 – 14:00 P.M.

    Networking Lunch

    14:00 – 15:30 P.M.

    Session 2: Arbitration and Court Assistance in Litigation

    The perpetual choice between Arbitration and Litigation represents a fundamental decision in the realm of dispute resolution. While litigation is the traditional avenue involving the resolution of conflicts through the court system, arbitration offers an alternative path that allows parties to settle disputes outside of formal court proceedings. This session promises to shed light on the advantages, and challenges, Comparing strengths and weaknesses in Ad-hoc Arbitration V. Institutional Arbitration and Commercial Litigation and evolving trends in both arbitration and court assistance in litigation.

    Topics to be discussed:

    • Arbitration-related litigation proceedings towards efficient resolution of disputes
    • Court assistance in arbitrations for arbitrator appointments and interim measures
    • Comparing strengths and weaknesses in Ad-hoc Arbitration V. Institutional Arbitration and Commercial Litigation Assistance

    15:30 – 15:45 P.M.

    Tea Break

    15:45 – 17:15 P.M.

    Session 3: ADR: Future of Oil & Gas (O&G) Disputes

    This session will spotlight ADR as alternative avenues for resolving O&G and renewable energy disputes, assessing their implications on O&G disputes and how they shape the contractual landscape in this critical sector. The adaptability of these methods and their potential to foster collaborative solutions will be a focal point of this session.

    Topics to be discussed:

    • Evolution of arbitration involving O&G disputes
    • Challenges in the resolution of O&G disputes
    • O&G Investment Treaty Arbitration [BITs/MITs/ECT (Investor-State Dispute)]
    • Mediation and Med-Arb Resolution in O&G and renewable energy disputes.
    • Renegotiation clauses in International Petroleum Agreements and their effect on O&G disputes
    • Contemporary issues involving Concession Agreements in O&G

    25th February 2024 - Sunday

    Day 2

    10:00 – 11:15 A.M.

    Session 4: Special Issues involving Oil & Gas (O&G) Disputes

    This session will highlight specific issues involving O&G and renewable energy disputes, shipping & maritime and assessing their contract management, key commercial issues involving O&G sector and how they inter-play in pre-dispute management navigating the contractual obligations.

    Topics to be discussed:

    • Contract Management
    • Disagreements Between Project Partners (Production Sharing Contract)
    • Price Reviews in Long-Term Supply Agreements
    • Supply or Pay / Take or Pay
    • Regasification / Terminal contract disputes
    • Pre-Dispute Management

    11:15 – 11:30 A.M.

    Tea Break

    11:30 – 13:00 P.M.

    Session 5: Challenges in Commercial & Maritime Arbitration

    Commercial & Maritime Arbitration stands as a pillar of alternative dispute resolution, offering parties a flexible and neutral forum to settle disputes arising from domestic business transactions and shipping sector. However, this mechanism is not without its challenges. Our panel discussion seeks to unravel these challenges, spanning from procedural intricacies and jurisdictional complexities to broader issues influenced by India's growth story with Atmanirbhar Bharat and Make in India initiatives. Our esteemed panelists will navigate through the evolving landscape of commercial arbitration.

    Topics to be discussed:

    • Arbitration agreements – What to avoid in 2024?
    • Third-party funding in Commercial Arbitration
    • Indian Legal Position on Joinder & Consolidation
    • Charter Party Disputes in Wet Cargo
    • Maritime Sector Related Issues

    13:00 – 14:00 P.M.

    Networking Lunch

    14:00 – 15:30 P.M.

    Session 6: Technology and Arbitration

    In this session, we will unravel the transformative impact technology has had on the field of arbitration, fintech and crypto dispute, use of technology in arbitration. Online dispute resolution and its future and challenges, use of AI in Substantive Disputes Resolution, role of technology in maintaining confidentiality of ADR proceedings. Followed by a discussion on how the emerging viewpoints on these issues may shape the arbitration practice, domestically and internationally.

    Topics to be discussed:

    • Fintech and Crypto dispute
    • Use of technology in arbitration
    • Online Dispute Resolution (ODR); its future and challenges
    • Use of AI in Substantive Disputes Resolution
    • Role of technology in maintaining Confidentiality of ADR proceedings

    15:30 – 15:45 P.M.

    Tea Break

    15:45 – 17:15 P.M.

    An Arbitrator's Perspective: Beyond What Meets the Eye

    Arbitrator's perspective on recent trends in arbitrations related to the Oil and Gas Sector and commercial transactions.

    During the session, the Speakers will convey a diverse range of insights and perspectives from their experiences, offering a comprehensive understanding of the topic at hand. Through their expertise and experiences, they aim to illuminate various facets of the subject, providing valuable and multifaceted viewpoints beyond what meets the eye. Attendees can anticipate a rich and dynamic exchange of ideas as the Speakers articulate their thoughts, enriching the session with depth and breadth of knowledge.

    17:15 – 17:30 P.M.

    Closing Remarks

    Case Counsel Report

    Who Can Participate:

    Legal professionals specializing in ADR practice, Government and PSU legal officers, academicians, students and researchers in the field of ADR.

    Important Dates:

    • Date of Conference- 24th – 25th February 2024

    Registration:

    For registration, kindly visit: https://forms.gle/XagHA1TArFhv87R67

    For more details, refer to the brochure here

    Contact:

    For any query please email at events@gimac.in

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