OGA moves forward with mediation pilot for resolving UKCS licence disputes

The Pilot was put on hold until 1 June due to the personal health and financial challenges the UK oil and gas industry has been facing

The Oil and Gas Authority (OGA) has reaffirmed that its year-long ‘UKCS Mediation Pilot’ will continue from 1 June 2020. The pilot aims to test the extent to which mediation can resolve certain disputes between oil and gas licensees, operators and infrastructure owners in the UK Continental Shelf. 

Further information about the Pilot can be found here.

What is the UKCS Mediation Pilot?

This pilot scheme covers mediations provided by CEDR for parties referred by the Oil and Gas Authority (the ‘OGA’) under their remit to consider collaborative solutions to disputes that occur within the upstream oil & gas industry and to maximise the economic recovery of petroleum that is found in the UK.

How it works?

Please see the below for more information.

Once you are ready, download the Declaration Form.

Upon receipt of a fully completed Declaration Form (which acts as the mediation agreement available to download from this page), CEDR will contact the parties to agree:

  • a mediator from the UKCS Mediation Scheme Panel (see also the Mediation Process Guidance, UKCS Mediation Scheme Timeline and Panel and Scheme Management on this page)
  • date of the mediation
  • venue.

Following the mediation, CEDR will contact the parties in order to obtain feedback on the process and report to the OGA the outcome (but not the details) of the agreement.

More details can be found in the Downloads on this page including Practical Advice

Parties to the dispute will bear their own costs of the mediation.  A payment on account based on the below fees is payable by each party prior to the commencement of the mediation.

 Number of Parties

Fee per Party

Fee for Additional Hours (per party)

Two

£2,500 + VAT

£200 +VAT

Three

£2,125+ VAT

£170 +VAT

Four or more

To be agreed

To be agreed.

The fee per party covers a seven-hour mediation day plus five hours of preparation. Any expenses or additional hours will be payable in equal shares by the parties on conclusion of the mediation in all circumstances.

  • The mediator panel has been selected as having the relevant experience and expertise to deal with matters likely to arise from upstream oil & gas issues. These mediators will be required to comply with the CEDR Code of Conduct for Third-Party Neutrals and CEDR mediators are committed to promoting the very highest standards of service to clients.
  • The scheme will be managed by Lauren McGuirl, CEDR Director of Commercial Disputes Services. Application to the scheme will be made via the Declaration Form the link to which can be found in the Downloads section on this page.  This is sent to CEDR who will contact the parties to agree a mediator from the approved panel; agree dates and venue; manage all documentation including exchange of papers.  

UKCS Mediator Panel Members

Please click on the Mediators profile to read more information. 

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  • Dr Karl Mackie Image

    Dr Karl Mackie CBE

    UKCS Panel

    Widely recognised as one of mediation’s biggest names, Karl is particularly valued in complex cases where there are difficult issues, sensitive politics, multiple parties or cultural challenges. In the energy sector this has included: various oil company joint venture operating/pipeline disputes including renewal of pipeline management contracts; design failure and defective equipment claims; a multi-party … Continued

  • Wolf von Kumberg Image

    Wolf von Kumberg

    UKCS Panel

    Having served as Legal Director and Assistant General counsel to Northrop Grumman Corporation and before that to Litton Industries Inc., Wolf’s practise has involved most regions of the World and included commercial, government and state entities. Wolf has mediated numerous types of commercial issues, has assisted in the development of Investor State Mediation Guide for … Continued

  • Eileen Carroll QC (Hon)

    UKCS Panel

    Eileen is one of the most senior and sought after mediators in practice today. She has worked with clients across a diverse range of sectors around the world. Her work has included highly complex multi-party disputes including international infrastructure, insurance, commercial contracts, property and energy including coverage dispute regarding property damage in connection with a … Continued

  • Mandy Lenton Image

    Mandy Lenton

    UKCS Panel

    The former Head of Real Estate Litigation at Clifford Chance, Mandy was part of the Clifford Chance team securing the hundreds of land acquisitions, licences and wayleaves needed to route new pipelines across the UK to South Wales. She also led one of the lead claimant teams following the explosion at the oil storage depot … Continued

  • Michael Cover Image

    Michael Cover

    UKCS Panel

    Michael is a qualified as a Barrister and Solicitor and spent 15 years as in-house counsel before moving into private practice.  His mediation experience covers a wide range of sectors including Commercial Contract, Construction & Engineering, Energy and Maritime.  He has mediated claims relating to undersea pipelines and insurance on a production rig and has … Continued

  • Nicholas Gould Image

    Nicholas Gould

    UKCS Panel

    Nicholas is a partner in Fenwick Elliott LLP and has conducted over 70 mediations including multi-party high-value mediations across a number of sectors including Energy & Natural Resources including claims for project delays and cost overruns for the upgrading of a tank farm, new pipework installation and pumping systems; claims relating to defective welding and … Continued

  • Andrew Millar Image

    Andrew Miller

    UKCS Panel

    Andrew has been involved in the mediation of disputes since 1996 both domestically and internationally and involving disputes valued between £10,000 and £20 million.  He has specialist knowledge of disputes involving power plants, as well as of the JV and oil and gas and energy sectors, having focused upon this area throughout his time in … Continued

  • Eve Pienaar Image

    Eve Pienaar

    UKCS Panel

    Eve left private practice (Clifford Chance) to work in-house, in executive-level legal and governance roles, in media and regulatory membership organisations.  She has a wide range of expertise and mediates high value, multi-party and complex mediation cases.  Her practice specialises in Technology and Construction Court and Chancery division disputes where claims and counterclaims generally hinge … Continued

  • Joe Tirado Image

    Joe Tirado

    UKCS Panel

    Joe Tirado is Co-Head of International Arbitration at Garrigues UK LLP. He has over 20 years of dispute resolution experience handling hundreds of cases as a mediator, arbitrator, expert determinator and litigator including: a dispute between a drilling company and an oil exploration company over disputed drilling costs in excess of £6 million; North Sea … Continued

  • Amrik Kandola Image

    Amrik Kandola

    UKCS Panel

    Recognised year on year by Chambers and Legal 500 directories as a ‘Leading Lawyer’ for dispute resolution in the construction & engineering industry, Amrik retired from private practice in October 2016 to become a full-time mediator.   His experience crosses a range of sectors including infrastructure, complex M&E installations, power generation/supply plant, renewable energy and pipeline … Continued

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