Mining Agreements

Venue: Novotel Hotel Singapore

Location: Singapore, Singapore

Event Date/Time: Jul 21, 2010 End Date/Time: Jul 23, 2010
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The workshop will consider how parties can use contracts to address the situation when something has ‘gone wrong’; to manage risk, to allocate or reallocate risk, to manage default, to facilitate the resolution of or to resolve disputes and differences, and to manage termination of the contract.

Delegates will consider these issues in the context of typical contracts used in the mining industry and particularly contracts that are intended to endure over long periods, such as joint venture agreements, shareholder agreements and long term product sale agreements. Throughout the workshop the trainer will draw on examples from the mining industry and, where possible, those examples will come from the Asia-Pacific region.

Delegates will follow the contract cycle from negotiation through drafting and execution of the contract, implementation of the agreement, default, disputes and differences, to remediation of the default, resolution of disputes and difference, or termination of the contract.

A number of the issues encountered in the contract cycle will be introduced through role simulation exercises and the debriefing of the exercises. This will involve delegates in role-play and group discussion.

Delegates will be introduced to the ways in which the various steps in the contract cycle can be managed with a view to reducing the tension that escalates such that termination of the contract becomes the more likely outcome rather than remediation of the default or resolution of the dispute or difference in such a manner as to preserve the contract.

Whilst the workshop will look at these matters in the context of the law, the focus will not be so much legal as practical.

Many a manager has been heard to say that the only time he/she reaches for a contract is when something has ‘gone wrong’. Many a contract draftsperson has been advised to start with the default, dispute and disagreement, and termination provisions when drafting a contract because that is where everyone will focus when something has ‘gone wrong’. When something has ‘gone wrong’ is the time the contract comes out of the bottom draw.

The workshop will enable participants to benefit from Dr Mildwaters’ extensive global experience, and also from the considerable professional research behind the course.

Delegates will receive materials on the various issues for use or consideration outside of the workshop.