Negotiating Successful Gas & LNG Contracts

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EVENT DATE

15th May 2019

LOCATION

Brisbane

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Overview

While many gas and LNG contracts will have similar elements and clauses, no two gas or LNG contracts are the same, as each agreement will be affected by the commercial position of the each of the buyer and seller as well as by the particular circumstances of any transporters and other stakeholders. Each gas project and each gas industry participant will be subject to their own unique physical, technical, commercial and legal constraints which will affect their negotiating position and the contracts that they can enter into. Understanding the fundamental elements of gas and LNG contracts, both sales and transportation agreements, and the constraints which may affect such arrangements is essential to being able to negotiate successful gas and LNG contracts. Similarly, understanding the implications of breaches of contracts will inform the parties of type and nature of clauses that need to be included in gas and LNG contracts. This masterclass will introduce attendees to some of the key elements of, and key legal issues relating to, gas and LNG contracts including the legal levers available to manage the constraints and risks that can arise in these contracts.

Learning Objectives

  • Understand the key terms for Gas Sales Agreements
  • Understand the key terms for Gas Transportation Agreements
  • Understand the interconnection of physical, commercial, technical and legal constraints for your gas project and gas contracts
  • Understand the risk management levers in gas contracts
  • Be able to ensure that the key agreements for your gas project are appropriately interconnected
  • Gain tips and tricks for negotiating contractual terms for gas contracts. This masterclass will be useful to any person involved in the negotiation and management of gas and LNG contracts, and in particular, gas sales agreements and gas transportation agreements

Featuring Our Speakers

James Minchinton

Partner | Commercial and Corporate, Mining and Resources

Sparke Helmore Lawyers

BSc, LLB, MBA

James is a Partner in Corporate and Commercial, Mining and Resources Law at Sparke Helmore Lawyers.

James specialises in energy and resource law, with a particular focus on project development. He advises energy and natural resources clients on regulatory approvals and matters ranging from gas and product sales and transportation to exploration, mining and production activities, from landowner issues to native title and cultural heritage, from negotiating with overlapping tenement holders to Land Court hearings. He has acted in the sale and acquisition of resources projects, companies and assets.

James advises on both regulatory approval issues and resource project operations. He has prepared an array of documentation for energy and resources projects including gas and product sale and transportation agreements, co-development agreements, coordination arrangements, conduct and compensation agreements, infrastructure agreements, section 31 native title agreements, sale and purchase agreements for assets, joint venture agreements and legal due diligence reports.

James has undertaken a number of secondments with major mining and petroleum companies and previously worked as a statistician and process engineer at the Boyne Island Aluminium Smelter. James is included in the Best Lawyers list, which is published by the Australian Financial Review.

Who should attend?

This masterclass will be useful to any person involved in the negotiation and management of gas and LNG contracts, and in particular, gas sales agreements and gas transportation agreements

Topics Covered

  • Primary Agreements and Key Clauses
  • Breaches of Contract
  • Risks and Contractual Provisions for Managing Risk
  • Boilerplate Clauses
  • The Intersection of Commercial/Operational Issues and Contractual Terms
  • Interrelationship of Agreements