Arbitration in the energy sector—an introduction
Produced in partnership with Alistair Calvert, John Gilbert and Robert Meade of Bracewell LLP
Arbitration in the energy sector—an introduction

The following Arbitration practice note produced in partnership with Alistair Calvert, John Gilbert and Robert Meade of Bracewell LLP provides comprehensive and up to date legal information covering:

  • Arbitration in the energy sector—an introduction
  • Energy sector disputes
  • Arbitration as the preferred method to resolve disputes in the energy sector
  • The types of arbitration which may be engaged in the energy sector
  • Investment arbitration
  • Energy Charter Treaty arbitration
  • International commercial arbitration
  • Specific considerations in energy arbitrations
  • Selection of arbitrators in energy disputes
  • The role of experts in energy arbitration
  • More...

This Practice Note provides an introduction to the use of arbitration as a method of dispute resolution for disputes in the energy sector. This Practice Note should be read in conjunction with the following Practice Notes:

  1. Starting a claim in an energy dispute—a practical guide

  2. Oil and gas projects—contracts and disputes

  3. Oil and gas disputes—international dispute resolution framework and institutions

Energy sector disputes

Energy projects, whether in fossil fuels, nuclear, or renewable energies such as hydro, wind, geothermal, solar and tidal power, are characterised by capital-intensive and complex deals of typically large volumes. Transactions and investments are usually long-term in nature and frequently involve participants from different countries and cultural backgrounds.

There are numerous types of dispute prevalent in the energy sector. They may manifest between project partners (including state actors), with lenders, with contractors in a supply chain, or other third parties. The disputes themselves can concern a wide range of issues—for example, joint venture disputes, expropriation, environmental issues, financing, pricing reviews, construction and service contract disputes to name only a selection. For more information on the types of dispute seen in the energy sector, see Practice Note: Starting a claim in an energy dispute—a practical guide.

Many factors are contributing to a time of unprecedented change in the energy sector. The effect of global events, such as the coronavirus (COVID-19) pandemic, volatility in the price of

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