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Senior Counsel

Posted: 24 Sep 2009
Location: USA
BHP Billiton is all about smart technology, innovation and great talent. If you want a challenging career and a chance to explore resource opportunities as well as your ambitions, we’re the company for you. Think ahead. Think BHP Billiton.
ACCOUNTABILITIES:

• Business is provided with appropriate advice to enable it to make informed decisions which minimise risk and that comply with Group policies and procedures

• Conflict resolution is achieved in a manner that optimises outcomes for the Group

• Ensure advice is delivered taking into account most up to date knowledge of legal and business context

• Ensure effective development of more junior lawyers and contributing to Group Legal’s capabilities and succession planning

• Optimal and cost-effective outcomes achieved for clients

• General Counsel - Petroleum is fully aware and briefed on relevant issues

• Maintain an up to date knowledge of administrative systems and processes relevant to the company and Group Legal

• In-country operations are entered into and exited in compliance with local law and in a manner which minimises and allocates risk to protect the Group. Clients achieve their objectives and are satisfied with services received.

DETAIL OF RESPONSIBILITIES:

• Provide legal advice and guidance to Exploration/New Ventures Division on all legal issues relating to exploration and new venture activities across the world

• Advise on the legal dimensions for country entry and exit procedures

• Assist in establishing offices, setting up local branches, companies (taking into account tax effective funding structures where possible as well as existing regulatory regime re: restrictions on license holding etc.)

• Assist in negotiating with relevant regulatory authorities to obtain permits to operate, exploration licenses and any other licenses to operate in country

• Upon closure assist with relinquishment of licenses, liquidation of local companies, branches etc.

• Manage other in-country issues as and when they arise

• Identify and liaise with local counsel where required to deliver outcomes

• Negotiating and drafting the full suite of upstream exploration contracts including Host Government Agreements, Joint Bidding Agreements, Joint Operating Agreements, Farm In/Out Agreements

• Draft, review, negotiate and ratify a range of operational contracts, including drilling, aircraft charters, consultancy agreements all with a view to minimise risk and ensure optimal benefits for the Group

• Work with General Counsel - Exploration and other Exploration lawyers to draft, settle and update precedents for operational contracts as and when required to enable low value/ low risk work to be undertaken by contracts manager without Legal input

• As resourcing permits assisting other attorneys by providing legal advice and recommendations to the Development and Production Divisions

• Provide advice on international disputes and occasional management of dispute resolution, arbitration and litigation which may arise out of operations

• Work with other lawyers in the Petroleum Legal group to develop a breadth of understanding of legal and business issues

• Mentor Counsel-level lawyers

• Maintain an up to date knowledge of developments in relevant areas of upstream petroleum law

• Assist in the appointment and management of external counsel, as required

• Keep General Counsel - Petroleum regularly up to date on significant matters

• Manage all administration and practice management requests
CHALLENGES OF THE ROLE:

* Managing competing priorities and responding to very demanding client expectations in several different locations
* Able to handle high and varied workload with rapid turnaround
* Balancing commercial objectives with limitation of risk and responding effectively where clients resist advice
* Dealing with a network of offices and a client base that is often travelling
* Managing client expectations as against reality of resourcing capability
* Providing advice on commercial and other transactions where not always included in meetings and/or negotiations with counterparties
* Constant and regular reporting to GC-Petroleum
* Liaising with and managing external counsel relationships and dealing with operations in multiple jurisdictions where legal systems may be very different to common law or are relatively undeveloped

EXPERIENCE AND QUALIFICATIONS:

* Minimum of Bachelor's Degree required for consideration
* Experience working for or advising an upstream oil and gas company. Broad knowledge of petroleum law and regimes surrounding international petroleum operations.
* Strong communication skills (oral and written)
* Admitted to practice in US, UK or Australia
* Ability to work with strict levels of confidentiality
* Exposure to resources matters (preferably including oil and gas exploration), commercial and corporate transactions, familiarity with corporate governance issues and experience with JVs, FCPA and anti trust issues
* Ability to undertake complex tasks under minimal direct supervision
* International and cross-cultural exposure
* Fluency in English
* High attention to detail
* Ability to prioritise and meet tight deadlines
* Strong negotiation skills
* Strong word processing and computer skills

Contact Information:
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