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Collective Litigation: A Practical Guide

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Planning Law:
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 William Webster, Robert Weatherley


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 Mark Watson-Gandy


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The Energy Crisis and the Future of Energy Arbitration

Edited by: Thomas Adams, Philippe Pinsole, Thomas Voisin

ISBN13: 9781837232031
To be Published: June 2027
Publisher: Globe Law and Business
Country of Publication: UK
Format: Hardback
Price: £175.00





From the oil shocks of the 1970s to the 2008 global financial crisis and the disruption that followed the shale revolution, the global energy sector has weathered many crisis events. Each has left its mark, yet few have had more impact than the European energy crisis of 2022–2024. Never before had legal remedies been tested under such sustained volatility and geopolitical disruption, with international arbitration providing the primary forum in which such disputes were contested. Long-term contracts were upended, governments intervened and an unprecedented wave of disputes followed – price reviews, force majeure and hardship claims, delivery defaults, regulatory measures and contract terminations – requiring the application of legal and valuation frameworks in markets that had ceased to function normally.

The disruption is not over. Just as markets were beginning to stabilise, the Strait of Hormuz crisis renewed concerns over security of supply, price volatility and the reliability of long-term contracts. With a substantial share of the world's LNG and crude passing through the Strait, continued threats to disrupt it have revived the same legal and contractual questions that defined the European energy crisis.

With these issues very much live, there has never been a greater need for a comprehensive, practice-oriented volume drawing together lessons learned from crises and their implications for present and future disputes. While articles and reports have addressed various aspects of these developments, none has yet brought together:

  • the structural market lessons revealed by extreme price dislocation and supply insecurity
  • first-hand insights from practitioners, arbitrators and experts who were directly involved in crisis-era and Hormuz-related disputes
  • a comparative analysis of how Europe, Asia-Pacific and other regions experienced, and continue to experience, these shocks differently
  • the evolution of doctrinal arguments (eg, hardship and equivalents, force majeure, good faith) under real stress
  • the quantum methodologies tested by unprecedented volatility
  • the implications for drafting the next generation of energy contracts, and
  • a forward-looking assessment of what the next wave of disputes will look like as instability persists

This book consolidates those insights into an authoritative and commercially relevant work, making it an invaluable guide for practitioners, arbitrators, in-house counsel, experts and anyone interested in the field.

Subjects:
Energy and Natural Resources Law
Contents:
The energy crisis: an historical perspective and the changing architecture of global energy markets
Stefan Berger and Fabrizio Hernandez, NERA
Gas price review arbitrations in extreme market conditions
Philippe Pinsolle, WilmerHale
Delivery disputes and strategic behaviour
Michael Polkinghorne and Sven Volkmer, White & Case
Force majeure, hardship and equivalents and renegotiation under genuine market stress
Thomas Voisin and Thomas Adams, Quinn Emmanuel
Hub indexation under strain
Carlos Lapuerta and Tania Tholot, Brattle
Procedure and evidence in crisis-era energy arbitrations
Simon Consedine, Three Crowns
Quantum in a distorted market
Boaz Moselle, Compass Lexecon
The arbitrator's perspective
Alexi Mourre and Alexandre Vagenheim, MCL
Arbitration: The client's perspective
Aurel Sangenstedt, Uniper
The impact of the energy crisis on APAC markets
Phil Solomon and Prabhat Agrawal, Berkeley Research Group
Joint ventures, upstream disputes and risk allocation in crisis conditions
Noah Rubins KC and Veronika Timofeeva, A&O Shearman
Energy trading, hedging and financial exposure Patrick Hebreard HKA
Russian gas: strategic necessity or costly miscalculation?
Mark Clarke, Akin Gump
Contract redesign after the crisis
Max Rockall, Michelle Glassman Bock and Anna Diaz, Sanchez Squire Patton Boggs
The next wave of energy disputes
Philippe Pinsolle and Radu Giosan, Quinn Emmanuel
Renewables as the answer? The energy transition under geopolitical stress
Mark Mangan and Abhishek Srivastava, Lindsay Francis & Mangan
Document production and confidentiality
Marco Lorefice, Edison
State Conduct: Expropriation, geopolitics and the reshaping of energy investment
Ed Osterwald,
Osterwald Rathbone &
Partners