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.
Energy-related disputes in the Middle East: Is DIAC fit for purpose?
With the competition on for jurisdictions and arbitral institutions to serve disputes in the energy sector, we take a look at DIAC’s offering.
Enforcement of energy arbitration awards
Our lawyers consider some of the greatest challenges faced by parties seeking to enforce energy awards in energy disputes.
Foreign investment and political risk: Measuring and mitigating exposure at the outset
Our lawyers look at the potential political risks faced by investors choosing to invest in foreign states.
International arbitration and climate change
International arbitration is an important dispute-resolution mechanism for climate-change disputes, but recent developments point in a different direction for now.
Mexican energy measures impacting foreign investment: an update and potential investor-state dispute remedies
An update on state-to-state consultations between the United States, Canada and Mexico and potential remedies for international investors.
The future of oil and gas arbitration: The impact of ESG policies on oil and gas disputes
We consider how ESG policies are increasingly leading to disputes for oil and gas projects.
Public policy conflicts in investor-state energy arbitrations
We consider the public policy conflicts faced by parties in light of changing energy policy and a growing demand for environmental protection.
Setting aside an arbitral award under the UNCITRAL Model Law: When is the tribunal functus officio?
A rare example of a court at the seat exercising its set aside power under Article 34(2)(a)(iii) of the UNCITRAL Model Law.
The green energy transition: Clouds on the horizon?
Our lawyers analyse some of the biggest risk faced by renewable energy projects.
Third-Party funding for energy disputes
How parties to energy disputes may increasingly turn to third party funding to fund expensive and long-running disputes.
Would energy investor-state disputes benefit from a Multilateral Investment Court?
We consider the proposal for multilateral investments courts as an answer to some of the key concerns with investor-state dispute settlement.
The role of Building Information Modelling (BIM) in construction arbitration
A brief introduction and description of how BIM may be used to help make the resolution of construction related disputes more efficient.
A modernization of Italian arbitration law
Following reform of the Italian Code of Civil Procedure, we explore some key changes that are hoped will encourage the use of arbitration in Italy.