Starting a claim in an energy dispute—a practical guide
Produced in partnership with John Gilbert at Bracewell
Starting a claim in an energy dispute—a practical guide

The following Dispute Resolution practice note produced in partnership with John Gilbert at Bracewell provides comprehensive and up to date legal information covering:

  • Starting a claim in an energy dispute—a practical guide
  • Energy disputes—examples and hypothetical scenario
  • Resolving energy disputes—cross-border issues
  • Choice of law (applicable or governing law)
  • Jurisdiction
  • Service of court proceedings
  • Enforcement
  • Resolving energy disputes—arbitration or litigation?
  • Resolving energy disputes—foreign law and state immunity
  • Foreign law
  • More...

There are numerous potential complexities involved in disputes arising within the energy sector. Frequently, because of the location of the projects or energy source, the nationality of the parties and the venue or law chosen for resolving disputes, disputes will be international in nature and will involve consideration of cross-border issues. The dispute may arise from more than one contract and between more than two parties. In many cases, they will involve governments or state-owned entities, which introduces a further level of complexity.

Given the breadth of this category of disputes, this Practice Note focuses on the practical issues which may need to be considered in starting a claim and does not address specific substantive issues relating to any particular dispute.

For a summary of the various issues to consider, see: Starting a claim in an energy dispute—checklist.

Energy disputes—examples and hypothetical scenario

The scope of disputes which might be classed as an energy dispute is broad. Examples of typical energy disputes include:

  1. a dispute between the parties to a joint operating agreement for an oil and gas field over whether a drilling campaign had received the necessary approvals under the agreement

  2. a dispute between the operator of an offshore field and a drilling rig contractor regarding the application of the day rates for the rig

  3. a dispute over the impact of seabed conditions being discovered which are

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