Full Description
Disputes in the energy and natural resources sector are at the heart of international arbitration. With more arbitrations arising in the international energy sector than in any other sector, it is not surprising that the highest valued awards in the history of arbitration come from energy-related arbitrations. Energy disputes often involve complex and controversial issues relating to security, sovereignty, and public welfare.
International Arbitration in the Energy Sector puts international energy disputes into a global context, providing broad coverage of different forms and systems of dispute resolution across both renewable and non-renewable sectors. With contributions from leading practitioners, arbitrators, academics, and industry experts from across the globe, the eighteen chapters in the book enable readers to compare the approaches to, and learnings from, energy arbitrations across various legal systems and geographic regions. After outlining the international energy arbitration legal framework, the text delves into a detailed analysis of the problems which regularly arise in practice. These include, among other things, commercial disputes in Part I (e.g. over the upstream oil sector and long-term gas supply contracts), investor-state disputes in Part II (e.g. under the Energy Charter Treaty), and public international law disputes in Part III (e.g. concerning international boundaries and the distribution of natural resources). Alongside recent developments in the international energy sector, attention is given to climate and sustainable development disputes, which raise important questions about enforcing sustainability objectives on individuals, corporations, and states.
Backed by analyses of arbitral awards, national court and international tribunal decisions, treaties, and other international legal instruments, as well as current events and news in the energy industry, this text offers a unique contribution to international energy literature and provides insightful commentary on the prevalent issues in the field. It is essential reading for any practitioner or researcher in the energy and natural resources sector.
Contents
1: Maxi Scherer: Introduction
Part I: Commercial Arbitration in the Energy Sector
2: Craig Tevendale & Samantha Bakstad: Upstream Oil and Gas Disputes
3: Steven Finizio & Michael Howe: Gas Supply Transactions and Disputes
4: Simon Manner & Tilman Niedermaier: Renewable Energy Dispute
5: Peter Rees QC & Jess Connors: Energy Construction and Infrastructure Disputes
6: Raphael J Heffron: Mining Disputes
Part II: Investor-State Arbitration in the Energy Sector
7: Loukas Mistelis: Contractual Mechanisms for Stability in Energy Contracts
8: Kaj Hobér: Overview of ECT Cases
9: George A Bermann: ECT and European Union Law
10: Graham Coop & Isabella Seif: ECT and States' Right to Regulate
11: Norah Gallagher: ECT and Renewable Energy Disputes
12: Anton Asoskov: Energy Investor-State Disputes in Russia and the Commonwealth of Independent States
13: Eduardo Silva Romero: Energy Investor-State Disputes in Latin America
14: Koh Swee Yen: Energy Investor-State Disputes in Asia
15: Makane Moïse Mbengue & Samarth Sagar: Energy Investor-State Disputes in Africa
Part III: Public International Law Disputes, Climate Disputes and Sustainable Development in the Energy Sector
16: Wendy Miles QC: International Boundary Disputes and Natural Resources
17: Annette Magnusson: Climate Disputes and Sustainable Development in the Energy Sector: Bridging the Enforceability Gap
18: David W Rivkin & Catherine Amirfar: Climate Disputes and Sustainable Development in the Energy Sector: Future Directives
