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Dispute Resolution in the Mining and Energy Sector

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Workshop by  BIAMC
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Workshop | Thursday, June 27th, 2019

DISPUTE RESOLUTION in THE MINING and  ENERGY SECTOR

FACT: The mining and energy sectors are two highly globalized industries that often involve multinational, long-term contracts, with fairly volatile parties such as governments, who are inevitably more susceptible to fluctuating economic, political, environmental, and situational changes than ‘regular’ corporations. Consequently, mining and energy disputes are riddled with both pervasive financial risk factors and complex party-associated challenges. Disputes are rarely straightforward and can embroil a spectrum of diverse issues. 

In mining and energy projects, quite often, the question is not whether a project will be subject to a dispute but rather how well such dispute can be managed. It is therefore imperative to understand and anticipate the common problems in order to devise effective risk-management strategies to avoid disputes or at least mitigate the exposure to disputes.

Led by experts in the field, this course offers both, a theoretical framework for dispute resolution and practical, hands-on guidance through relevant case study discussion. It will not only examine the role of international arbitration in resolving these unique disputes but also how and when to integrate current arbitration trends/lessons when devising dispute resolution strategies. Moreover, this course will provide actionable insight into industry-specific legal due diligence and guidance on drafting effective arbitration clauses in Indonesia, ensuring careful consideration of the whole project in the mining or energy sector is reflected. No doubt, this is the perfect course to either get your mining and energy specialization rolling or to expand/perfect your existing knowledge.

Are you a government official responsible for the mining/energy industry, a mining/energy executive, an attorney frequently dealing with matters in the mining or energy sectors, a construction executive normally involved with mining and energy-related projects, an in-house counsel of a mining or energy corporation, an insurance professional normally engaged for mining and energy-related projects, an industry thought leader, an international arbitrator or mediator aspiring to add or improve expertise in mining and energy, a professor, legal academic, or student looking to increase real-time knowledge, or an investor affected by current mining and energy developments? If so, BIAMC’s 1-Day Workshop is ideal for you!

TRAINERS

Ms. Arfidea D. Saraswati

Dea is one of Indonesia’s most recognized mining lawyers, and was nominated by Who’s Who Legal as Indonesian Best Mining Lawyer (2010-2018). Her practice since 1997 includes shipping, energy, infrastructure, mergers and acquisitions, forestry, and foreign investments. Dea holds a Bachelor of Laws degree from University of Indonesia and a Master of Laws from Duke University in North Carolina, USA. While focusing on corporate laws, she has also assisted multinational and national clients in their disputes before Indonesian courts and the Singapore International Arbitration Centre. Dea was registered as Foreign Lawyer at the Singapore International Commercial Court during her appearance there in 2016-2017.


Ms. Amanda Lees

Amanda specialises in cross border dispute resolution in Asia. Amanda has acted in complex litigation, international arbitration and related court applications, mediations and expert determinations. Over the last 17 years Amanda has acted in a broad range of commercial disputes across different industries in multiple jurisdictions. Amanda has acted in many large energy, mining and commodities disputes involving Indonesian parties. Amanda is experienced in bilateral investment treaty arbitration and successfully defended the Republic of Indonesia in a BIT arbitration for USD580M. Amanda sits regularly as an arbitrator for SIAC, ICC and LCIA and is on the SIAC Panel and ICDR (AAA) Panel. She is a Fellow of the Chartered Institute of Arbitrators (CIArb) and Singapore Institute of Arbitrators (SIArb) and Director of CIArb Singapore branch. Amanda is a regular speaker and lecturer on arbitration internationally. Amanda is the author of multiple LexisNexis practice notes for international commercial arbitration.


SCHEDULE

08.30
  Registration Opens
09.00 
Session I: Typical Issues Raised in Disputes in the Mining and Natural Resources
Industry: How to Anticipate & Mitigate Them (Ms. Arfidea D. Saraswati)

10.00   Coffee Break
10.15  
Session II: Resolving Disputes in the Mining and Natural Resources Industry: Why Arbitration is Used and How Arbitration Works (Ms. Amanda Lees)
11.15  
Session III: Interactive Case Study / Q&A – Drafting Arbitration Clauses for Projects in Indonesia. (Ms. Arfidea D. Saraswati & Ms. Amanda Lees)
12.00   Lunch Break
13.00  
Session IV: Recent Developments in International Arbitration and When to Resort to Arbitration to Resolve Disputes: Expedited Arbitration, Emergency Arbitrators, Summary Dismissal, etc. (Ms. Amanda Lees)
14.00   Coffee Break
14.15  Session V: 
Interactive Case Study – How to Conduct an Effective Legal Due Diligence. (Ms. Arfidea D. Saraswati)
15.15  Session VI:  Interactive Case Study / Q&A – Lessons From the Churchill and IMFA Bilateral Investment Treaty Arbitrations. (Ms. Amanda Lees)
16.00  Workshop Concludes


REGISTRATION
Registration closes on Thursday, June 13th, 2019

Standard:  IDR 3.600.000 Registration before June 13th

Registration Link :  https://form.jotform.me/90661975698477


VENUE & CONTACT

Venue : 
Jl. Prabu Udayana No. 100.  Jimbaran – Bali, Indonesia 80361

Contact Information :                 

Office : +62 21 2978 3078

WA : +62 812 8281 6333

Email : [email protected]

 


 

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Bali International Arbitration Mediation Center (“BIAMC”) emerged as an affirmation of three distinct yet interwoven Asia Pacific phenomena: The Association of Southeast Asian Nations ASEAN), China’s One Belt One Road (OBOR), and The Asia Pacific Economic Cooperation (APEC).

The sheer number of projects stemming from these initiatives is and will continue to be staggering. As transnational cooperatives are forged, two inevitable byproducts result: growth and conflict. The former has been engendered through unfathomable global partnerships never previously imagined, which have resulted in a limitless galvanization of economies all across the Asia Pacific region. However, the latter has proven to be a mounting concern and justifiable obstacle to continued prosperity. That’s where we at BIAMC come in.

We are a non-profit service center located both in Kuta on Bali Island and in Jakarta on Java Island within the Republic of Indonesia devoted to international dispute settlement through arbitration, mediation, or fact-finding. As the most populous country of ASEAN, Indonesia is in a prime position and BIAMC, as a private, neutral, non-profit venue, aims to develop Indonesia's arbitration and mediation capabilities through international cooperation. Thus, we can aid in bringing about international arbitration and mediation for Indonesia with local friendliness through its archipelagic attractiveness. ...
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