Commercial Law & Contracts, Energy & Utilities Law, Alternative Dispute Resolution (ADR)

Resource nationalism and its impact on infrastructure projects

by Peter Cassidy, Joseph Otoo | Reed Smith on 5/19/2013

Introduction - The global demand for natural resources continues unabated. As revenues increase and profits soar in the face of this demand, there has been a resurgence of “resource nationalism” with resource-rich host states...more

Energy Newsletter - April 2013

by King & Spalding on 4/15/2013

In This Issue: - TRANSACTIONAL: - Project Development/FinanceKey Considerations in Energy Take-or-Pay Contracts - Upstream - Russia and former republics Unconventional Russia - Bankruptcy:...more

Should I Agree To Arbitrate My Contract Dispute?

by Charles Sartain | Looper Reed & McGraw, P.C. on 3/26/2013

You are negotiating a master service agreement, exploration agreement, farmout, or other oil-field contract, and the other side proposes that all disputes be resolved by arbitration. Should you agree? ...more

SCC will Decide Finder’s Fee Arbitration Case

by Andrew Little | Bennett Jones LLP on 3/18/2013

The Supreme Court of Canada has just decided to hear a commercial arbitration case arising from a finder’s fee dispute in the mining industry. The legal issues in the appeals — plural — go to the heart of the relationship...more

DISPUTE RESOLUTION: International Arbitration: EU Member State Defends Measures Adverse to Energy Sector Investments on the basis...

by King & Spalding on 2/6/2013

A recent decision in the investment treaty case, Electrabel S.A. v. the Republic of Hungary, represents an important contribution to the rapidly-growing case law concerning the relationship between EU law and intra-EU...more

Energy Newsletter - December 2012

by King & Spalding on 12/12/2012

In This Issue: - DISPUTE RESOLUTION: - Tort Litigation: Reforming NEPA Review of Energy Projects - TRANSACTIONAL: - Transactions: Allocation of Ship-Shore Liability: Use of Port Liability Agreements to...more

Alternative dispute resolution for energy and infrastructure projects – what are the alternatives?

by Reed Smith on 10/5/2012

Introduction - Energy and infrastructure construction projects take time, are technically complex, are of significant value, and involve a spectrum of participants with different interests. It is inevitable that there will be...more

Abu Dhabi Oil & Gas Update: Investment Protection

by Pillsbury Winthrop Shaw Pittman LLP on 9/28/2012

The United Arab Emirates and the Emirate of Abu Dhabi do not have any domestic laws to protect foreign investors from nationalization or expropriation, but the UAE is a signatory on a number of bilateral investment treaties...more

Arbitration Award Can Be Vacated If It Directs Party To Perform Illegal Act

by Leonard, Street and Deinard - Arbitration... on 9/28/2012

In a new decision from the First Circuit, which refuses to make any definitive pronouncements about the law on vacating arbitration awards, the court said it assumes “with some confidence” that if an arbitration award...more

Abu Dhabi Oil & Gas Update: Upstream Opportunities for New Entrants Perspectives on latest developments

by Pillsbury Winthrop Shaw Pittman LLP on 6/30/2012

The Abu Dhabi National Oil Company (ADNOC) has reportedly invited select international oil companies (IOCs), and possibly some national oil companies (NOCs), to pre-qualify for the expected award of oil exploration and...more

Sixth Circuit Rules that Competing End Users Can Bring Price Discrimination Claims

by Howard Ullman on 6/12/2012

In Williams v. Duke Energy International, Inc., No. 10-3604 (6th Cir. June 4, 2012), plaintiffs alleged that Duke paid English: Lightning over Las Cruces, New Mexico...unlawful and substantial electricity rebates to certain...more

DISPUTE RESOLUTION: International Arbitration: Tips for Arbitration Agreements in International Energy Contracts By Jennifer L....

by King & Spalding on 6/5/2012

International Energy Contracts Need Enforceable Arbitration Agreements If the premise that international energy contracts should include enforceable, effective arbitration agreements is not yet axiomatic, it is at least...more

Trade & Manufacturing Alert - January 2012

by King & Spalding on 1/4/2012

In This Issue: 01 WTO Approves Terms Of Accession For Russia 02 Second Annual Conference On The Renaissance Of American Manufacturing-- Jobs, Trade And The Presidential Election, March 27, 2012 02 Federal...more

Energy Newsletter - January 2012

by King & Spalding on 1/1/2012

In This Issue: - REGULATORY: - Government Relations: Energy Issues at Play in End of Year Brinksmanship - Environmental: Marcellus Shale – Recent State Activities in New York - DISPUTE RESOLUTION: - Business...more

A Tale (Or Two) Of Two (Or More) Forums: “It was the Best of Times; it was the Worst of Times.”

by Lane Powell PC on 7/21/2011

The chance to prove the client’s case in two courts; the chance to lose in each. The opportunity to employ the rules in one court to the client’s advantage in another; the risk that a loss in the first is preclusive in the...more

The Paris Energy Series No. 2: Predicting the Unpredictable: Gas price re-openers

by White & Case LLP on 6/26/2011

The future is called ‘perhaps’, which is the only possible thing to call the future. And the important thing is not to allow that to scare you.” “The future ain’t what it used to be” This article will address the...more

The Paris Energy Series No. 5: Drafting Oil and Gas Dispute Resolution Clauses: (it’s always) time to think more creatively

by White & Case LLP on 6/25/2011

It may be that as a judge I have a distorted view of some aspects of life, but I cannot imagine a contract particularly one of any size, which does not give rise to some disputes. This is not to the discredit of either party...more

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Commercial Law & Contracts › Energy & Utilities Law › Alternative Dispute Resolution (ADR)