International arbitration report

In this edition, we focus on the future of energy, providing insight into the next generation of energy disputes and the role of arbitration in their resolution.

Our team of arbitration lawyers from around the world look at some of the key risks faced by energy projects, from new technology and supply chain issues to regulatory and political instability of host states, and how these can make them particularly vulnerable to disputes. We consider the future of investment arbitration as a dispute resolution mechanism for investor-state energy disputes as a result of developments to the Paris Agreement and the Energy Charter Treaty, and why commercial arbitration remains favoured by parties in the energy industry. With the main arbitration institutions seeing a steady rise in energy disputes, we look at the advantages offered by third party funding and how this can be particularly beneficial for smaller players in the energy market.

Finally, our lawyers also provide updates on some wider legal and practice developments, including a recent case concerning functus officio jurisdiction and how Building Information Modelling can assist parties in complex construction arbitration claims.