Oil and gas disputes: International dispute resolution framework and institutions
Produced in partnership with Craig Tevendale of Herbert Smith Freehills
Oil and gas disputes: International dispute resolution framework and institutions

The following Energy guidance note Produced in partnership with Craig Tevendale of Herbert Smith Freehills provides comprehensive and up to date legal information covering:

  • Oil and gas disputes: International dispute resolution framework and institutions
  • Oil and gas disputes
  • Types of disputes
  • Planning for disputes in oil and gas sector
  • Dispute resolution methods
  • Key institutions

Oil and gas disputes

A significant proportion of international arbitration cases are energy disputes. For example, the London Court of International Arbitration (LCIA) 2018 Casework Report recorded that 19% of LCIA disputes related to the energy and resources sector.

Similarly, energy arbitrations accounted for 19% of all new cases filed with the International Court of Arbitration of the International Chamber of Commerce (ICC) in 2017.

Energy claims are likely to continue to increase in light of the projection that up to $US 67 trillion of investment will be needed to supply the world's energy needs up to 2040.

This Practice Note will focus on the types of disputes that arise in the oil and gas sector, how to plan for a dispute, the different methods of dispute resolution available to parties and the key institutions involved in the process.

Types of disputes

As discussed in Practice Note: Arbitration in the energy sector there are a wide range of disputes that arise in the energy sector.

In Oil and Gas specifically, as set out in Practice Note: Oil and gas projects—contracts and disputes, disputes are often cross-border and frequently involve multiple contracts and parties. The disputes themselves are based on a wide range of issues including claims under joint operating agreements, cost recovery disputes, expropriation, environmental damage, property damage, service contract disputes (including