GNLU-GAIL Conference on Arbitration in Oil and Gas Disputes to be held on February 24-25

A collaborative conference is being organized by the Gujarat National Law University (GNLU) and the GAIL (India) Limited on February 24-25, 2024, with Gujarat International Maritime Arbitration Centre (GIMAC) as a knowledge partner.

The theme of the conference is Arbitration in Oil and Gas Disputes.

The event seeks to exemplify the convergence of legal scholarship and industry expertise and involves a shared vision to unravel the complexities inherent in the dynamic energy sector through the lens of legal perspectives.

The conference will dwell 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.

Participants are expected to 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.

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.

Programme Schedule

Day 1: February 24, 2024 - Saturday

9.00 –10.00 AM: 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 AM:|Inaugural Session

• Opening Address

• Special Address

• Keynote Address

• Sectoral Address

• Closing of Inaugural Session

11.15 – 11.30 AM: Tea Break

11.30 – 13.00 PM: 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 PM: Networking Lunch

14.00 – 15.30 PM: 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 versus 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 PM: Tea Break

15.45 – 17.15 PM: 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

Day 2: February 25, 2024 - Sunday

10.00 – 11.15 AM: 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 AM: Tea Break

11.30 – 13.00 PM: Session 5 - Challenges in Commercial and Maritime Arbitration

Commercial and 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 and Consolidation

• Charter Party Disputes in Wet Cargo

• Maritime Sector Related Issues

13.00 – 14.00 PM: Networking Lunch

14.00 – 15.30 PM: 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 PM: Tea Break

15.45 – 17.15 PM: An Arbitrator’s Perspective - Beyond What Meets the Eye

This session will touch upon the 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 PM: 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 - February 24 – 25, 2024

Registration: For registration, kindly click here to fill the registration form.

For any query please email us at events@gimac.in

[Read Event Brochure]