Daniel Preiskel, Vice Chair of the IBA Communications Law Committee, co-moderated an interesting and high level panel on international contracts in the communications sector at the forthcoming International Bar Association in Dubai, with speakers from Cisco, KPMG, Nawras and MTN among others.
The full programme covered the following:
International Contracting For Communications Services
Date: Monday 31 October 14:30-17:30
With the lessening of regulation of communications services, suppliers and their customers have resorted to contracts to set out their rights and obligations. Services contracts for corporate customers with numerous sites in several jurisdictions are usually long and complex, dealing with such issues as performance and incentives/penalties, residual regulatory aspects, multijurisdictional subcontractors, green adoption and privacy and lawful interception, among others. These arrangements become particularly important when service providers become acquisition targets.
The session will analyse the pitfalls of contracting communications services in a multinational environment, how to avoid pitfalls, how to deal with different and sometimes conflicting regulatory requirements in the various countries where the services are provided and how to take into account the needs of potential investors upfront when concluding such contracts.
Part 1: Key issues in international contracting for communications services. 14:30-15:50. Presenter will address numerous contracting issues, such as performance and incentives/penalties, residual regulatory aspects, multijurisdictional subcontractors, green adoption, privacy, lawful interception, end of contract provisions, etc. Panel to include perspectives from a services buyer, services supplier, commentator to address particular circumstances of jurisdictions with weak legal environments,
Chair: Daniel Preiskel and Fabrizio Cugia
Confirmed Speaker 1: Stewart White, KPMG, ex General Counsel of Vodafone (risk management in international telecoms agreements, with an emphasis on the Gulf region) 2.40pm to 3pm
Confirmed Speaker 2: Philippe Vogeleer, General Counsel, Nawras, Oman (to speak on regulatory risks and issues in the Gulf) 3pm to 3.20
Confirmed Speaker 3: Mark Johnston, partner with Levine Blaszak, Washington (on telecoms international procurement agreements) 3.20 to 3.50
Part 2: Lessons from specific communications contracting situations. 16:10-17:30 This panel will address a specific contemporary contracting situation and discuss the lessons to be learned by practitioners.
Chair: Daniel Preiskel and Fabrizio Cugia
Speaker 4 – Sana Belaid, Cisco (New Business Models and Contracting Considerations for ICT deals): 4.10 to 4.40
Confirmed Speaker 5 – Eric Milne, partner with Jones Day, Dubai on Financing of Communication Services: 4.40 to 5.10pm
Speaker 6 – Robert Hanson of MTN Maritime Satellite 5.10 to 5.30pm