Oil and gas disputes A significant proportion of international arbitration cases are energy disputes. It is expected that the energy sector will continue to generate a significant number of disputes in the years to come. This Practice Note will focus on the types of disputes that arise in the oil and gas sector, how to plan for a dispute, the different methods of dispute resolution available to parties and the key institutions involved in the process. Types of disputes As discussed in Practice Note: Arbitration in the energy sector—an introduction there are a wide range of disputes that arise in the energy sector. In Oil and Gas specifically, as set out in Practice Note: Oil and gas projects—contracts and disputes, disputes are often cross-border and frequently involve multiple contracts and parties. The disputes themselves are based on a wide range of issues including claims under joint operating agreements, cost recovery disputes, expropriation, environmental damage, property damage, service contract disputes (including disputes under drilling rig and

There are five key steps to improving efficiency: • Identify (define) what process needs improving (see Practice Note: Improving efficiency: Step 1—identify and define the problem • Measure the problem (see Practice Note: Improving efficiency: Step 2—measure the problem) • Analyse the information (see Practice Note: Improving efficiency: Step 3—analyse what's causing the problem) • Improve the process (covered in this Practice Note) • Control, ie embed the new process so it becomes business as usual (see Practice Note: Improving efficiency: Step 5—embedding changes) Management consultants often refer to this is as the ‘DMAIC framework’. This Practice Note guides you through Step 4, ie improving the problem identified in Practice Note: Improving efficiency: Step 1—identify and define the problem, measured in Practice Note: Improving efficiency: Step 2—measure the problem and analysed in Practice Note: Improving efficiency: Step 3—analyse what's causing the problem. The Practice Note develops the case study in these earlier Practice Notes which relates to a hypothetical in-house legal team’s contract drafting process. Making the improvement Once

This Checklist sets out the key terms in an IT services agreement. It includes the key terms that a customer should consider when contracting with a supplier for both implementation and operational IT services. IT services agreements can cover a broad scope of services, from simple web development and support agreements to complex technology outsourcing deals. The particular terms relevant and the detail to be included will depend on the specific services in question. This Checklist is not exhaustive, but considers a range of typical provisions to consider for inclusion. Equally, some of the provisions suggested may be inappropriate or unnecessary for a particular contract. This Checklist is aimed primarily at customers. It is intended to give an overview of the key terms a customer would want to include in an agreement involving both implementation IT services and operational IT services. The supplier may resist agreement to some of the terms, or seek to negotiate a diluted version of these. It is frequent for consultancy and application development and support contracts, as examples, to be framework contracts

What is meant by plain English? Plain English is not defined in English law as such. Now and again, it is mentioned in a few laws (such as the Veterinary Medicines Regulations 2013, Sch 1, art 50(4)) but those laws do not define exactly what it is. Other laws refer instead to 'plain and intelligible' language (such as the Unfair Terms in Consumer Contract Regulations 1999 SI 1999/2083, reg 7(UTCCR)). Therefore, if you want to understand the concept, you need to refer to those government organisations which are responsible for the laws which ensure that businesses draft agreements in 'plain and intelligible language' under laws such as the UTCCR. By way of example, the Office of Fair Trading (OFT) (which has responsibility for enforcing the UTCCR) refers to plain English as being, 'jargon free language which is clear and not open to misinterpretation, the effects of which are understandable to consumers (not just lawyers)'. Is it just enough to write in plain English? No. You should always remember that drafting a document

Life insurance—basics Life insurance benefit (life cover) can form an important part of the employee benefit package that is used to both attract and retain employees. However, there is actually no legal requirement for employers to provide life cover for their employees with the exception of any contractual requirement to do so under an employee’s contract of employment. Life cover is usually set up as a single scheme that covers a group of, or all of, the employer’s employees. It can be linked to the business's pension scheme where life cover is only provided if the employee is also a member of the scheme. Alternatively, those employees who are not members of the pension scheme could instead receive a reduced level of life cover under the same or a separate policy. The sum assured under the life insurance policy is often calculated as a multiple of the employee's salary, for example two, three or four times a salary. The policy will pay out a lump sum death benefit

This Checklist aims to provide practitioners with a route map through the different cross border issues that require consideration when dealing with proceedings involving a cross border element such as a defendant domiciled outside the jurisdiction or a contractual agreement. In the form of a table it asks various questions and provides links to underlying content that will answer that question. The UK's departure from the EU has implications for practitioners dealing with cross border issues involving not only EU Member States but also contracting states of the Lugano Convention 2007 and potentially contracting states of the Hague Convention on Choice of Court Agreements. For guidance, see: Cross border considerations (Brexit)—checklist. Applicable law—general Question Guidance—Practice Notes What is applicable law? Applicable law—a guide for dispute resolution practitioners Which applicable law regime applies? Applicable law—a guide for dispute resolution practitioners What is an applicable law clause? Applicable law clauses How do I determine the applicable law under UK Rome I, Regulation (EC) 593/2008?(Contract claims only) UK Rome I—application and interpretationUK Rome I—parties fail to choose

This Practice Note is a ‘how to’ guide on reviewing an exclusion and limitation of liability clause in commercial business-to-business (B2B) agreements which signposts relevant content. It includes links to potentially relevant issues, including what is an exclusion and limitation of liability clause, preliminary considerations, key elements of the clause (including parties, scope, financial caps, excluded losses, unlimited liability, indemnities, liquidated damages, exclusion of warranties, terms, and conditions, time bars), other clauses to consider, pro-party considerations and practical considerations. Exclusion and limitation of liability clauses offer the commercial lawyer an opportunity to manage their client’s risk under the contract. Such clauses are heavily negotiated in most contracts and in the spotlight if things go wrong. The legislation which regulates clauses of this type is complex and the law impacting their interpretation is nuanced. An in-depth understanding of the background law is essential when negotiating exclusion and limitation of liability clauses. Clear and precise drafting is also key to a strong exclusion and limitation of liability clause. This ‘How to Guide’ is a

This Agreement is made on [date] Parties 1 [insert name of the pursuer], a company registered in Scotland (no [insert company number]), whose [[registered office OR principal place of business] is at [insert address] (the Pursuer)[ and] [;] 2 [insert name of defender], a company registered in Scotland (no [insert company number]), whose [registered office OR principal place of business] is at [insert address] (the Defender). each a Party and collectively the Parties. Whereas (A) [Insert details of the background to the dispute eg ‘The Parties entered into a contract for the supply of certain goods etc]. (B) A dispute has arisen between the Parties in relation to [insert details of the dispute] (the Dispute). (C) [Proceedings were commenced by the Pursuer against the Defender on [date] by way of [Summons OR Initial Writ] with court reference number [insert court reference] (the Court Proceedings). OR (D) Arbitration proceedings were commenced by the Pursuer against the Defender on [insert date] (the Arbitration).] (E) The Parties want to resolve their differences and have agreed to settle the Released Claims in the manner set out in this Agreement. The parties agree: 1 Definitions In this Agreement, the

This checklist addresses the major duties an insurer commits to under an insurance policy. The duty to defend describes an insurer's obligation to provide an insured a defence to claims made under a policy. The duty to indemnify describes an insurer's obligation to pay a claim for loss or damage against an insured. For additional insight into these concepts, see Practice Note: US—duty to defend and duty to indemnify. The starting point Counsel giving advice to clients, whether the policyholder or the insurer, must start by obtaining the insurance contract. Insurers draft special contracts, called insurance policies, providing certain coverages to insureds and certain duties by insurers in the event of a covered loss. Covered loss will be defined in each type of policy and will vary based on the type of policy sold to an insured. The two major duties that an insurer finds itself obligated to an insured for are the duty to defend and the duty to indemnify. Finding the two duties The duty to defend is a term that

1 Introduction 1.1 It is important that you take your holiday (annual leave) entitlement to allow time for rest and relaxation, and we encourage you to take your full holiday entitlement, at regular intervals throughout the year. This policy sets out the approach that [enter name of organisation] (the Company) will take in relation to holiday. 1.2 [The Company requires those who wish to book time off work for religious observance, such as attendance at a particular religious festival, to use annual leave for this purpose. This policy therefore also applies to such leave requests.] 1.3 This policy applies to all [employees OR staff]. It does not apply to consultants[, contractors] [, volunteers] [, interns]. 1.4 [This policy has been [agreed OR implemented following consultation] with [[enter name of relevant trade union(s)] OR [enter name of works council] OR [enter name of staff association]].] 1.5 This policy does not form part of any contract of employment and the Company may amend it at any time. 1.6 The Company’s holiday year runs from [1 January to 31 December OR 1 April to 31 March OR [insert other holiday year dates]]. 2 Paid holiday entitlement

ARCHIVED: This Practice Note has been archived and is not maintained. This Practice Note considers the Alternative Dispute Resolution for Consumer Disputes (Competent Authorities and Information) Regulations 2015, SI 2015/542 (Consumer ADR Regulations) applicable to disputes arising before the introduction of Part 4, Chapter 4 of the Digital Markets, Competition and Consumers Act 2024 (DMCCA 2024) (Alternative dispute resolution for consumer contract disputes). It considers trader information requirements, and their impact on consumer disputes and dispute resolution clauses in business-to-consumer (B2C) contracts. This Practice Note also considers the standards that an alternative dispute resolution (ADR) provider must meet in order to achieve certification under the Consumer ADR Regulations and the competent authorities responsible for certifying the same. Background The Consumer ADR Regulations came into force in part on 7 April 2015 (Parts 1–3) and on 1 October 2015 (Parts 4–5). The Consumer ADR Regulations were subsequently amended by the Alternative Dispute Resolution for Consumer Disputes (Amendment) Regulations 2015, SI 2015/1392. The Consumer ADR Regulations (as amended) implemented Directive 2013/11/EU, the EU ADR Directive and

If a party is said to have ‘design liability’, it means that it bears legal responsibility for all or part of the design of a construction/engineering project. Typically on a construction project, several consultants, and often the contractor and some of its sub-contractors, will be involved in producing and developing the design and will have ‘design liability’. Parties with design liability may, however, be required to exercise different standards of care in relation to the design—some may be subject to an absolute obligation to ensure the completed design is fit for purpose, whereas others may merely be required to exercise reasonable skill and care. Responsibility for design is allocated in different ways depending on the procurement route selected and the parties may also expressly modify the standard of care required in relation to design in the building contract and consultant appointments. This Practice Note looks at the issues surrounding design and standards of care in what can be a contentious area between the employer and the construction/design team. This Practice Note focuses on the relationship