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The Leading Practitioners’ Guide to International Oil & Gas Arbitration

Edited by: James M. Gaitis

ISBN13: 9781937518745
Published: October 2015
Publisher: Juris Publishing
Country of Publication: USA
Format: Hardback
Price: £170.00



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The Leading Practitioners' Guide to International Oil & Gas Arbitration features the expert opinions of some of the world's most prominent authorities in the field of international oil and gas arbitration. This treatise examines both treaty-based and commercial arbitrations.

It is organized to address discrete issues that arise in investor-state arbitration and commercial arbitrations involving the oil & gas industry. A variety of procedural and process issues relating to oil and gas arbitrations addressed by this comprehensive work include:

  • Interim and Emergency Relief
  • Examination of Witnesses
  • Drafting of Pre-dispute and Post-dispute Arbitration Clauses
  • Selection of Arbitrators
  • Chairing Arbitration Proceedings
Other distinct features of the work include:

  • Separate discussions of various investment treaty protections (e.g. fair & equitable treatment, stabilization, damages for expropriation)
  • Substantive chapters regarding the Energy Charter Treaty (including a chapter reflecting on the Yukos Award)
  • Chapters addressing unique forms of oil and gas disputes (e.g. price reopeners, LNG, concession agreements, drilling and service contracts, and joint operating agreements)
The global nature of the subject matter found in The Leading Practitioners’ Guide to International Oil & Gas Arbitration relates directly and indirectly to every region of the world and should be of great use to any professional, firm, or institution with interests relating to the oil and gas sector of the energy industry.

Subjects:
Energy and Natural Resources Law, Arbitration and Alternative Dispute Resolution
Contents:
Preface
About the Editor
About the Contributors

INTRODUCTION

Chapter 1
THE CHANGING LANDSCAPE OF INTERNATIONAL OIL & GAS ARBITRATION
James M. Gaitis

TREATY-BASED ISSUES IN INTERNATIONAL OIL & GAS ARBTRATION

Chapter 2
RESOURCE NATIONALISM, EXPROPRIATION AND RISK MITIGATION
Elisabeth Eljuri and Gustavo Mata

Chapter 3
REGULATORY CHANGE IN OIL AND GAS ARBITRATION: THE LATIN AMERICAN EXPERIENCE
Nigel Blackaby and Caroline Richard
Chapter 4
THE RELEVANCE OF STABILISATION CLAUSES IN OIL & GAS INVESTMENT TREATY ARBITRATIONS
Sophie J. Lamb and Aimee-Jane Lee
Chapter 5
FAIR AND EQUITABLE TREATMENT ISSUES IN OIL & GAS INVESTMENT-TREATY ARBITRATION
Mark W. Friedman and Samantha J. Rowe
Chapter 6
DETERMINING COMPENSATION FOR EXPROPRIATION IN TREATY-BASED OIL AND GAS ARBITRATIONS
David W. Rivkin and Floriane Lavaud

THE ENERGY CHARTER TREATY AND BEYOND

Chapter 7
THE ENERGY CHARTER TREATY AND RELATED JURISPRUDENCE
Arif Hyder Ali & Alexandre de Gramont
Chapter 8
DENIAL OF BENEFITS UNDER ARTICLE 17 OF THE ENERGY CHARTER TREATY
Philippe Pinsolle
Chapter 9
A COMPARATIVE ANALYSIS OF THE ETC AND BITS IN LIGHT OF EVOLVING EU POLICY
Graham Coop & Bernhard Maier
Chapter 10
RUSSIA'S POLICY ON INTERNATIONAL INVESTMENT AGREEMENTS: REFLECTIONS AFTER THE YUKOS AWARDS
Sophie Nappert and Dr Yulia Selivanova

COMMERCIAL ISSUES IN INTERNATIONAL OIL & GAS ARBITRATION

Chapter 11
ARBITRATION OF OIL & GAS DISPUTES IN BRAZIL
Joaquim Muniz and Grant Hanessian
Chapter 12
PRICE RE-OPENERS IN LONG-TERM GAS SUPPLY AGREEMENTS
Michael Polkinghorne and Sven Volkmer
Chapter 13
BEYOND PRICE REVIEWS: ADJUDICATING CLAIMS OF FINANCIAL HARDSHIP
George M. von Mehren and Ben Holland
Chapter 14
COMPLEXITY AND COMMERCIAL DISPUTES IN PRODUCTION SHARING CONTRACTS
James Lloyd Loftis, Robert Landicho & Francesca Fraser
Chapter 15
INTERNATIONAL ARBITRATION OF LNG DISPUTES
David E. Harrell, Jr., Derrick B. Carson, Ann Ryan Robertson
Chapter 16
ARBITRATION AND JOINT OPERATING AGREEMENTS: AN OVERVIEW
Kevin O'Gorman and Mark Stadnyk
Chapter 17
INTERNATIONAL ARBITRATION OF OILFIELD SERVICES DISPUTES
Derrick Carson, Ann Ryan Robertson, David E. Harrell, Jr.
Chapter 18
CORRUPTION AND INTERNATIONAL ENERGY ARBITRATION
Gordon E. Kaiser

PROCESS AND PROCEDURE IN INTERNATIONAL OIL & GAS ARBTRATION

Chapter 19
PROVISIONAL REMEDIES AND INTERIM RELIEF IN OIL & GAS ARBITRATIONS
David R. Haigh and Joanne Luu
Chapter 20
EXAMINING EXPERT WITNESSES IN INTERNATIONAL OIL & GAS ARBITRATIONS
Professor Doug Jones
Chapter 21
DRAFTING DISPUTE RESOLUTION PROVISIONS FOR INTERNATIONAL OIL AND GAS CONTRACTS
Jennifer L. Price
Chapter 22
USEFUL POST-DISPUTE AGREEMENTS FOR INTERNATIONAL OIL AND GAS ARBITRATIONS
Thomas J. Brewer
Chapter 23
SELECTING ARBITRATORS FOR COMMERCIAL OIL & GAS INDUSTRY ARBITRATIONS
Michael McIlwrath
Chapter 24
SERVING AS THE CHAIRPERSON IN INTERNATIONAL COMMERCIAL OIL AND GAS ARBITRATIONS
Murray Smith

MISCELLANEOUS

Chapter 25
RESOURCES ON RESOURCES: PUBLICATIONS AND DATABASES AVAILABLE TO HELP ADVOCATES IN INTERNATIONAL OIL & GAS DISPUTES
John P. Bowman and Jorge Mattamouros
Chapter 26
MEDIATING INTERNATIONAL OIL AND GAS DISPUTES
Gary McGowan