Starting a claim in an energy dispute—a practical guide
Produced in partnership with John Gilbert of K&L Gates LLP
Starting a claim in an energy dispute—a practical guide

The following Dispute Resolution guidance note Produced in partnership with John Gilbert of K&L Gates LLP 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
  • Resolving energy disputes—arbitration or litigation?
  • Resolving energy disputes—foreign law and state immunity
  • Resolving energy disputes—request for and notice of arbitration
  • Energy disputes—formulating the claim
  • Energy disputes—understanding the claim
  • Energy disputes—proving the claim (evidential issues)
  • Energy disputes—non-contractual claims
  • more

Brexit: The UK's departure from the EU on exit day ie Friday 31 January 2020 has implications for practitioners in areas covered by this Practice Note, being applicable law, jurisdiction, service and enforcement. For guidance, see: Cross border considerations—checklist, including the following main sections:

  1. Applicable law—Brexit specific

  2. Jurisdiction—Brexit specific

  3. Service—Brexit specific

  4. Enforcement—Brexit specific

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