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Supreme Court Holds That Courts Must Defer To Arbitrators In First Case Addressing International Investment Treaty Arbitration

On March 5, 2014, the United States Supreme Court decided BG Group, PLC v. Republic of Argentina, the first case in which the Court addressed an international investment treaty arbitration (a case between a private investor...more

Energy Newsletter - March 2014

In This Issue: - REGULATORY: Oil & Gas Regulatory, Government Relations: Congress Probes Crude Rail Safety Developments; Voluntary Industry-Regulator Agreement Addresses Safety Concerns - Environmental: A "Diesel...more

U.S. Supreme Court Reinstates $185 Million International Arbitration Award - Court Reaffirms Arbitral Preconditions Presumptively...

In a much anticipated opinion, on March 5, 2014, the U.S. Supreme Court decided 7-2 to reverse the lower court and revive a $185 million arbitration award in BG Group PLC v. Republic of Argentina. The case began under the...more

Crude Allegations: Corruption in the Energy Trading Sector

The world-wide energy trading sector, where traders match physical supply and demand of energy by purchasing, reselling, and moving commodities (crude oil and refined products, natural gas, coal, and even electricity) across...more

Australia: new government may lead to opportunities for investor/state arbitration

This autumn, the people of Australia elected a new federal government, presenting a number of potential opportunities for investor-state arbitration in Australia. First, the new government has reviewed its position...more

Energy Trading Disputes: Gas Price Reopeners

When entering into long-term gas supply contracts, gas marketers, distributors, and utilities must account for the unpredictability of the market when agreeing on the correct price. This unpredictability has been accentuated...more

Energy Newsletter - December 2013

In This Issue: - Energy Trading Disputes: Gas Price Reopeners - Mongolian Mining Sector Update: Regulatory Uncertainty and Risk Mitigation Strategies - An Introduction to Reserve Based Lending and the UK...more

Recent Supreme Court Decisions Could Prove Favorable For Oklahoma Business Climate

Recent United States Supreme Court decisions making it more difficult to certify lawsuits as class actions have the potential to create a more business friendly climate in Oklahoma. In theory, a class action lawsuit saves...more

Arbitration/Class Waiver Clauses in Oil and Gas Leases: The Applicability of Concepcion and Italian Colors Restaurant to the...

Class action lawsuits filed against natural gas producers have become increasingly common. For example, in Pennsylvania over the last several years, royalty owners have filed a number of royalty and bonus-payment class action...more

Recent Developments: Kenya—What Legal Options are Available to Mining Companies?

Foreign mining companies with investments in Kenya whose mining licenses are cancelled and/or whose revenues decrease as a result of these new drilling charges and/or royalty schemes may be able to bring compensation claims...more

Recent Developments: Zimbabwe—What Legal Options are Available to Mining Companies?

President Robert Mugabe of Zimbabwe, who has been in power since 1980, was re-elected to another term on July 31, 2013. On August 6, 2013, the government announced plans to seize control of foreign-owned mining interests,...more

DISPUTE RESOLUTION: International Arbitration: Why Where Matters: The Seat of Arbitration in International Energy Contracts

The Seat of Arbitration and the New York Convention - The June 2012 issue of the King & Spalding Energy Newsletter included an article summarizing "Tips for Arbitration Agreements in International Energy Contracts."...more

Quantum Quarterly - The Damages Newsletter - Issue 05 | 2Q 2013

We are pleased to present the latest edition of Quantum Quarterly, a publication of King & Spalding’s International Arbitration Group. This edition includes an interview with noted energy valuation expert Wayne R. Wilson,...more

Another Victory for Arbitration: the UK Supreme Court

The United Kingdom’s highest court, the Supreme Court, has confirmed that English courts may intervene to issue an “anti-suit” injunction to restrain a party from bringing court proceedings in violation of an arbitration...more

Energy Newsletter - June 2013

In This Issue: - TRANSACTIONAL: Corporate/London: - Shareholders' Agreements for LNG Midstream Projects - Upstream Developments – Latin America Foreign Exchange Controls in Venezuela Strangle...more

Dispute Resolution: International Arbitration: Energy Trading Disputes: Investment Treaty Protection for Hedging Agreements and...

Introduction - Energy trading houses have progressively emerged as major players in the worldwide energy sector, matching supply and demand by purchasing, reselling, and shipping commodities across the globe. While...more

Market Entry: United Arab Emirates (Dubai and Abu Dhabi)

The United Arab Emirates (UAE) is a federation of seven Emirates established by a constitution that was promulgated in 1971. Abu Dhabi is the largest of the seven Emirates by geographic size and holds most of the hydrocarbon...more

Arbitration vs. Bench Trial

Arbitration clauses are very common in contracts in the construction and energy industries. Many industry players reflexively insist on arbitration despite its pitfalls. ...more

Resource nationalism and its impact on infrastructure projects

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

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?

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

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...

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

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?

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

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