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Vol 25 No 2 Feb/March 2020

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International Arbitration in the Energy Sector

Edited by: Maxi Scherer

ISBN13: 9780198805793
Published: January 2020
Publisher: Oxford University Press
Country of Publication: UK
Format: Paperback (Hardback in 2018)
Price: £44.99
Hardback edition , ISBN13 9780198805786

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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 arbitrators, academics, and industry experts from across the globe, the twenty 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 in Part I, the text delves into a detailed analysis of the problems which regularly arise in practice. These include, among other things, commercial disputes in Part II (e.g. over the upstream oil sector and long-term gas supply contracts), investor-state disputes in Part III (e.g. under the Energy Charter Treaty), and public international law disputes in Part IV (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.

Energy and Natural Resources Law, Arbitration and Alternative Dispute Resolution
1: Introduction, Maxi Scherer

Part I: Commercial Arbitration in the Energy Sector
2: Upstream Oil and Gas Disputes, Craig Tevendale & Samantha Bakstad
3: Gas Supply Transactions and Disputes, Steven Finizio & Michael Howe
4: Renewable Energy Dispute, Simon Manner & Tilman Niedermaier
5: Energy Construction and Infrastructure Disputes, Peter Rees QC & Jess Connors
6: Mining Disputes, Raphael J Heffron

Part II: Investor-State Arbitration in the Energy Sector
7: Contractual Mechanisms for Stability in Energy Contracts, Loukas Mistelis
8: Overview of ECT Cases, Kaj Hobér
9: ECT and European Union Law, George A Bermann
10: ECT and States' Right to Regulate, Graham Coop & Isabella Seif
11: ECT and Renewable Energy Disputes, Norah Gallagher
12: Energy Investor-State Disputes in Russia and the Commonwealth of Independent States, Anton Asoskov
13: Energy Investor-State Disputes in Latin America, Eduardo Silva Romero
14: Energy Investor-State Disputes in Asia, Koh Swee Yen
15: Energy Investor-State Disputes in Africa, Makane Moïse Mbengue & Samarth Sagar

Part III: Public International Law Disputes, Climate Disputes and Sustainable Development in the Energy Sector
16: International Boundary Disputes and Natural Resources, Wendy Miles QC
17: Climate Disputes and Sustainable Development in the Energy Sector: Bridging the Enforceability Gap, Annette Magnusson
18: Climate Disputes and Sustainable Development in the Energy Sector: Future Directives, David W Rivkin & Catherine Amirfar