International arbitration report

Publication October 2018 - Issue 11

Welcome to issue 11 of Norton Rose Fulbright’s International Arbitration Report.

In this issue we focus on the energy sector. We review global arbitration trends in the energy sector, including both commercial and investor-state disputes. We also take a look at the latest statistics and developments in Energy Charter Treaty disputes. In our Q&A, we speak to the Secretary General of the ECT Secretariat to gain his thoughts on the Energy Charter Treaty.

With liquefied natural gas (LNG) becoming an increasingly important part of the global energy mix, we look at disputes that can arise through the life of a LNG construction project. We also analyze the history of LNG price review arbitrations and ask whether these have run their course.

The transportation of energy supplies around the globe is another key area for energy disputes. Our shipping arbitration specialists consider the principal areas where issues may arise in the transportation of petroleum by sea. We also consider Belt and Road Initiative disputes, analyzing one of the largest infrastructure and investment projects in history.

Disruptive technological innovation continues to be the topic du jour for the energy sector. Our disputes specialists consider how emerging technologies are dramatically changing the sector, and the opportunities as well as the novel risk profile such innovations bring.

Another area of disruption to the sector is climate risk. Climate related disputes are now a reality for states and industry actors. We look at whether arbitration has a role in resolving such disputes. In our global round-up, we offer an overview of new arbitral rules and recent arbitral developments across the globe.

In our inaugural op-ed piece, “Arbitrator’s Corner”, Pierre Bienvenu, global co-head of our international arbitration practice, discusses arbitrators’ duties of impartiality and independence, the importance of full disclosure and the need for arbitrators faced with a challenge to show restraint in commenting on the challenge.

Inside this issue

Discussing the Energy Charter Treaty — Q&A with Dr Urban Rusnák, Secretary-General, Energy Charter Treaty Secretariat

Q&A with Dr Urban Rusnák, Secretary-General, Energy Charter Treaty Secretariat

October 2018

Global overview of dispute trends in the energy sector

Whilst flying back from the Middle East in the early 90s, with the price of Brent oil

October 2018

Investment disputes in the energy sector

A bipolar world

October 2018

Energy Charter Treaty disputes

Recent statistics and developments

October 2018

Climate-related disputes

Adaptation and innovation

October 2018

LNG construction arbitration

From the beginning to the end

October 2018

The transformation of the global gas industry

Is this the end for price review arbitrations?

October 2018

Belt and Road Initiative disputes

Bumps in the road?

October 2018

Tanker disputes

Plain sailing?

October 2018

Energy, technology and arbitration

The latest buzz

October 2018

A global round-up

Developments in international arbitration rules and laws

October 2018

Arbitrator’s Corner

Pierre Bienvenu talks disclosure, challenges and neutrality

October 2018

Recent publications

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