International Arbitration in the Energy Sector

International Arbitration in the Energy Sector

International Arbitration in the Energy Sector puts disputes in the energy and natural resources sector into a global context, providing broad coverage of different forms and systems of dispute across both renewable and non-renewable ...

Author: Maxi Scherer

Publisher: Oxford University Press, USA

ISBN: 0198805799

Category: Business & Economics

Page: 520

View: 995

International Arbitration in the Energy Sector puts disputes in the energy and natural resources sector into a global context, providing broad coverage of different forms and systems of dispute across both renewable and non-renewable sectors.
Categories: Business & Economics

The Global Energy Transition

The Global Energy Transition

Introduction / Peter Cameron, Xiaoyi Mu and Volker Röben -- Comparison of outlooks and implications for an energy transition / Xiaoyi Mu and Dilip K Jena -- Oil-rich countries' responses to energy transition : managing the decline / David ...

Author: Peter D Cameron

Publisher: Hart Publishing

ISBN: 9781509943531

Category: Law

Page: 0

View: 718

Introduction / Peter Cameron, Xiaoyi Mu and Volker Röben -- Comparison of outlooks and implications for an energy transition / Xiaoyi Mu and Dilip K Jena -- Oil-rich countries' responses to energy transition : managing the decline / David Manley, Patrick Heller, and James Cust -- A treatise for energy law / Raphael J Heffron, Anita Rønne, Joseph P Tomain, Adrian Bradbrook, and Kim Talus -- What do we mean when we talk about international energy law? / Volker Röben and Gökçe Mete -- The legal effect of the Paris rulebook under the doctrine of treaty interpretation / Petra Minnerop -- How will energy market regulation have to change in the era of energy 4.0? / Penelope Crossley -- Between transnational private law and public international law : engineer-driven self-governance in transboundary energy megaprojects / Christoph G Benedict -- Managing the threat of regulatory capture under the European Energy Union / Rafael Emmanuel Macatangay and Volker Röben -- Power over power : the global energy interconnection and potential cyber-threats / Jakob Haerting -- Implementing the energy transition in the face of investment protection standards / Martin Jarrett -- The EU FDI screening regulation as an example of the proliferation of FDI screening processes affecting the energy sector / Leonie Reins and Dylan Geraets -- International arbitration in the renewable field : recent developments in Spain / Iñigo del Guayo -- How should shale gas extraction be taxed? / Philip Daniel, Alan Krupnick, Thornton Matheson, Peter Mullins, Ian Parry, and Artur Swistak -- Trinidad and Tobago's Oil and gas sector in a changing world (2010-2019) / Kevin Ramnarine -- The concept of global energy transition and its agenda / Peter Cameron, Xiaoyi Mu, and Volker Röben.
Categories: Law

International Arbitration in the Energy Sector

International Arbitration in the Energy Sector

On the other hand, scientific data shows global patterns of climate change and suggests that a reduction of fossil ... See eg International Centre for Energy Arbitration, 'Dispute Resolution in the Energy Sector Initial Report (2015) 9 ...

Author: Maxi Scherer

Publisher: Oxford University Press

ISBN: 9780192528315

Category: Law

Page: 400

View: 580

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.
Categories: Law

Dispute Resolution in the Energy Sector

Dispute Resolution in the Energy Sector

This title provides a practical, user-friendly overview of the essentials of dispute resolution in the energy industry.

Author: Ronnie King

Publisher: Globe Law & Business

ISBN: 1905783620

Category: Business & Economics

Page: 268

View: 693

This title provides a practical, user-friendly overview of the essentials of dispute resolution in the energy industry. Leading practitioners from international law firms and global companies consider, among other things, the drafting of dispute resolution clauses, the effective use of international arbitration, the management of large-scale energy disputes, and the development of case law in oil and gas disputes, construction disputes, environmental disputes and disputes arising in the renewables and nuclear sectors."
Categories: Business & Economics

International Arbitration in Latin America

International Arbitration in Latin America

This book is the first to offer a comprehensive, in-depth analysis of specific issues arising from energy and natural resources contracts and disputes in the region, covering a wide range of procedural, substantive, and socio-legal issues.

Author: Gloria M. Alvarez

Publisher: Kluwer Law International

ISBN: 9041199721

Category:

Page: 560

View: 471

Energy projects in Latin America are a major contributor to economic growth worldwide. This book is the first to offer a comprehensive, in-depth analysis of specific issues arising from energy and natural resources contracts and disputes in the region, covering a wide range of procedural, substantive, and socio-legal issues. The book also includes how states have shifted from passive business partners to more active controlling players. The book contains an extensive treatment and examination of the particularities of arbitration practice in Latin America, including arbitrability, public order, enforcement, and the complex public-private nature of energy transactions. Specialists experienced in resolving international energy and natural disputes throughout the region provide detailed analysis of such issues and topics, including: state-owned entities as co-investors or contracting parties; role of environmental law, indigenous rights and public participation; issues related to political changes, corruption, and quantification of damages; climate change, renewable energy, and the energy transition; force majeure, hardship, and price reopeners; arbitration in the electricity sector; take-or-pay contracts; recognition and enforcement of awards; tension between stabilization clauses and human rights; mediation as a method for dispute settlement in the energy and natural resources sector; and different comparative approaches taken by national courts in key Latin American jurisdictions. The book also delivers a clear explanation on the impact made to the arbitration process by Covid-19, emerging laws, changes of political circumstances, the economic global trends in the oil & gas market, the energy transition, and the rise of new technologies. This invaluable book will be welcomed by in-house lawyers, government officials, as well as academics and rest of the arbitration community involved in international arbitration with particular interest in the energy and natural resources sector.
Categories:

The Development of International Arbitration on Bilateral Investment Treaties

The Development of International Arbitration on Bilateral Investment Treaties

This dissertation analyses developments of international arbitration on investment disputes.

Author: Zeynep Akgul

Publisher: Universal-Publishers

ISBN: 9781599426693

Category: Business & Economics

Page: 72

View: 495

This dissertation analyses developments of international arbitration on investment disputes. Recent years, there has been an extraordinary increase in the number of investment arbitration for breach of Bilateral Investment Treaties (BITs). These treaties include substantive and procedural rules to provide investment security and investment neutrality to foreign investor. In particular, most BITs have investor-state dispute settlement provision which allows investors to sue host states directly. Through analyzing the Turkish BIT experience, this study concludes that there are different approaches that utilized in various investor-state dispute settlement provisions. Thus, the wording of these provisions is important. Furthermore, the ICSID arbitration is mostly incorporated into BITs dispute settlement provisions since the ICSID arbitration has an effective system and different characteristics from other types of international commercial arbitration. This dissertation examines not only the main features of the ICSID, but also the recent amendments made to the ICSID arbitration rules. Finally, after analyzing the concluded and pending ICSID cases against Turkey regarding energy sector, this study concludes that the ICSID has an important role for the development of the international arbitration on investment disputes.
Categories: Business & Economics

The State s Power to Tax in the Investment Arbitration of Energy Disputes

The State s Power to Tax in the Investment Arbitration of Energy Disputes

This book provides the first in-depth exploration of the intersection between the treaty investment protection regime and taxation measures, as these materialize in investor-state energy disputes"--

Author: Cornel Marian

Publisher:

ISBN: 9403517522

Category:

Page: 336

View: 627

The State?s Power to Tax in the Investment Arbitration of Energy Disputes' reviews and maps out existing case law pertaining to the treatment of tax measures in the context of energy disputes providing the first in-depth exploration of the intersection between the treaty investment protection regime and taxation measures. States today are expected not only to regulate the efficient and safe production and distribution of energy to end-users but also to incentivize increased production of energy and the transition to clean energy. In recent years, states are increasingly relying on taxation measures to address the economic challenges affecting the energy sector.
Categories:

Arbitration in the International Energy Industry

Arbitration in the International Energy Industry

These are just some of the issues covered by this title, which provides a practical, user-friendly overview of the essentials of international arbitration in the energy industry.

Author: Ronnie King

Publisher:

ISBN: 1787422240

Category: Dispute resolution (Law)

Page: 287

View: 498

The international energy industry frequently gives rise to complex, high-value disputes. As economic and commercial circumstances change, joint venture partners may disagree over operations, sellers and buyers may manoeuvre to amend pricing terms and states may seek to improve their take from investment projects. Any of these outcomes can have significant consequences for the long-term prospects of companies operating in the sector. These are just some of the issues covered by this title, which provides a practical, user-friendly overview of the essentials of international arbitration in the energy industry. Leading practitioners from international law firms and global companies consider, among other things, the effective drafting of arbitration clauses, how to keep international arbitration affordable, gas price arbitrations, EPC and construction arbitrations, investment treaty disputes under the Energy Charter Treaty, third party funding in international arbitration and enforcement of arbitral awards. Edited by Ronnie King, Tokyo Managing Partner and international arbitration expert at international law firm Ashurst LLP, this title will be of practical value for all lawyers advising in the energy industry, and for others who have an interest in the important issues discussed.
Categories: Dispute resolution (Law)

The Oxford Handbook of International Arbitration

The Oxford Handbook of International Arbitration

CHAPTER 34 INVESTMENT ARBITRATION IN THE ENERGY SECTOR Past , present , and future ELENA CIMA 34.1 INTRODUCTION INVESTMENT arbitration in the energy sector has received increasing attention over the last decade . International energy ...

Author: Thomas Schultz

Publisher: Oxford University Press, USA

ISBN: 9780198796190

Category: Law

Page: 1025

View: 563

This Handbook offers academics and practitioners a one-stop-shop entry into the subject of international arbitration, and the ways in which it is discussed today.
Categories: Law

Stability and Legitimate Expectations in International Energy Investments

Stability and Legitimate Expectations in International Energy Investments

involved in energy-related projects, be it extractive industries or the power sector.7 Investments in the energy sector ... 9 M Scherer, 'Introduction'in M Scherer (ed), International Arbitration in the Energy Sector (Oxford University ...

Author: Rahmi Kopar

Publisher: Bloomsbury Publishing

ISBN: 9781509938391

Category: Law

Page: 304

View: 559

This book assesses stability guarantees through the lens of the legitimate expectations principle to offer a new perspective on the stability concept in international energy investments. The analysis of the interaction between the concepts of stability and legitimate expectations reveals that there are now more opportunities for energy investors to argue their cases before arbitral tribunals. The book offers detailed analyses of the latest energy investment arbitral awards from Spain, Italy and the Czech Republic, and reflects on the state of the art of the legitimate expectations debate and its relationship with the stability concept. The author argues that, in order to achieve stability, the legitimate expectations principle should be employed as the main investment protection tool when a dispute arises on account of unilateral host state alterations. This timely work will be useful to both scholars and practitioners who are interested in international energy law, investment treaty arbitration, and international investment law.
Categories: Law