Energy arbitration

This Overview provides links to practical guidance content on arbitration of disputes in the energy sector. Note that this subtopic does not contain all content relevant to the resolution of energy disputes or energy arbitration, which can be found in the wider content set in the Arbitration and Energy modules.

An introduction to arbitration in the energy sector

This Practice Note provides an introduction to the use of arbitration in the energy sector. It considers: why arbitration is generally the preferred method to resolve disputes in this sector; the types of arbitration typically used to resolve energy disputes; and, some of the notable features of energy arbitrations. For further information, see Practice Note: Arbitration in the energy sector—an introduction.

Starting a claim in an energy dispute—a practical guide

This Practice

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The English Court’s powers to issue injunctive reliefs aimed at preserving arbitral confidentiality. (A Corporation v Firm B and another)

Arbitration analysis: This case arises from the claimant’s application for interim injunctive reliefs (the ‘Application’) seeking, among others, to restrain the first defendant (‘Firm B’), including any of its branches from (i) acting for Corporation C in an ongoing arbitration against Corporation D (the ‘Second Arbitration’); and (ii) providing any confidential information from a previous arbitration between the Claimant and Corporation B (the ‘First Arbitration’), to Corporation C. In determining the Application, the Court considered the principles governing the grant of interim reliefs as established in American Cyanamid v Ethicon Ltd. The court also considered the boundaries of arbitral confidentiality by considering what documents and information the obligation of arbitral confidentiality covers, and the relevant exceptions to this obligation. The court concluded that the claimant was not entitled to the requested reliefs. After examining the claimant's allegations of breaches of arbitral confidentiality, the court found no breach, except for some limited settlement information from the First Arbitration. The court was also not persuaded that there was a real risk of confidential information being transferred between Firm B’s London and Asia offices. Consequently, the court decided that granting the injunction would significantly prejudice Firm B and Corporation C, while not granting it would cause no prejudice to the claimant and only minimal prejudice to Corporation D. Written by Dr. Ademola Bamgbose, solicitor advocate and senior associate at Hogan Lovells, London and IfeOluwa Alabi, associate at Hogan Lovells, London.

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