International Trade Energy & Utilities Alternative Dispute Resolution (ADR)

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Hague Court Finds Arbitration Panel Has No Jurisdiction Against Russia Pursuant to Unratified Treaty

The District Court of the Hague overturned a record $50 billion in damages awards issued by the Permanent Court of Arbitration (“PCA”), to the former controlling shareholders of the Yukos Oil Company on the grounds that...more

Long-term supply (and off-take) agreements: some recent themes

This Client Alert seeks to highlight certain recurring issues and themes arising in the context of long-term commodity supply and off-take agreements. It draws upon the recent collective experience of our lawyers as well as...more

Tokyo Dispute Resolution and Crisis Management Newsletter - April 2016

Energy Charter Treaty Arbitration - Claims Against Spain and Italy as a Result of Alterations to their Renewable Energy Legislation - In recent years, there have been a raft of Energy Charter Treaty (“ECT”)...more

Investment in Iran After Implementation Day

January 16, 2016, marked the Implementation Day that recognised the certification by the International Atomic Energy Agency that Iran had met its obligations under the July 2015 Joint Comprehensive Plan of Action (JCPOA), a...more

NAFTA Chapter Eleven: Can Trans-Canada Break the U.S. Shutout?

US investors have successfully used investor-state arbitration under the NAFTA when they have thought themselves wronged by the actions of governments in Canada or Mexico. But the United States itself has never lost a NAFTA...more

Investment in the Power Sector in Emerging Markets

Power generation financing comes with risks, but finding ways to mitigate these risks provides opportunities for rewards. As the world's energy dynamic is changing in response to powerful economic, security of supply,...more

Energy Newsletter - November 2015

Not Quite Left Out to Dry: Remedies Under International Investment Treaties Available to Renewable Energy Investors Harmed by Retroactive Legislative Changes - Introduction: In recent years, project developers,...more

Not Quite Left Out to Dry: Remedies Under International Investment Treaties Available to Renewable Energy Investors Harmed by...

In recent years, project developers, investment funds, and energy companies have invested heavily in renewable energy as a result of incentive programs offered in the legislation of countries such as Germany, Spain, and...more

The Rise in Arbitration Claims Filed by Renewable Energy Investors Under the Energy Charter Treaty

In the past three years, the number of claims filed by renewable energy investors under the Energy Charter Treaty (ECT) has risen significantly. In particular, Spain, who had been the subject of only a handful of...more

ICSID Tribunal Upholds High Threshold for Granting Provisional Measures and Ordering Security for Costs

The International Centre for Settlement of Investment Disputes (ICSID) tribunal recently reaffirmed the high threshold for granting provisional measures in investor-state disputes, including in the context of making an order...more

MEasure - Summer 2015

Welcome to the Summer 2015 issue of measure, King & Spalding’s Middle East quarterly newsletter. This issue covers a number of areas with interesting developments and valuable guidance. Phillip Sacks and Jodi Norman discuss...more

UPDATE – Indonesia’s New Draft Oil & Gas Law

Indonesia has recently made public a full copy of its draft oil and gas law for review and parliamentary discussion. By way of update to our client alert of 21 April 2015, we can now review the further revised and full...more

Mexico’s Energy Reforms and Dispute Resolution System

In 2013, Mexico’s President submitted an initiative to Congress to modify the Mexican Constitution to allow private parties to perform exploration and production activities in Mexico. The initiative also included...more

Chinese Arbitration Award Affirmed In Mineral Company Dispute

The court ruled that ACC Resources is bound by an arbitral award issued by the China International Economic & Trade Arbitration Commission (“CIETAC”). The award required the mineral company to pay its supplier, Calbex Mineral...more

The Emergency Arbitrator: Doubling as an Effective Option for Urgent Relief and an Early Settlement Tool

Last month, the International Centre for Dispute Resolution (ICDR) Young & International, International Chamber of Commerce (ICC) Young Arbitrators Forum and the Portuguese Arbitration Association (APA) sub-40 co-hosted a...more

English Court Trumps Arbitration Clause in Favor of One-Stop Litigation

The English High Court in Monde Petroleum SA v WesternZagros Ltd [2015] EWHC 67 (Comm) recently decided whether a dispute resolution clause in a settlement agreement referring disputes to the English court superseded an...more

Indonesia’s New Draft Oil & Gas Law

Legislators in Indonesia have recently suggested that all petroleum production operations should effectively be state controlled, making many foreign investors in south east Asia’s largest country fear that their assets could...more

February 2015: International Arbitration Update

Accounting for “Country-Risk” in Assessing Damages in Investor-State Arbitration: Gold Reserve Inc. v. Bolivarian Republic of Venezuela, ICSID Case No. ARB(AF)/09/01, Award (Sept. 22, 2014). The careful treatment of the...more

The New UK Oil and Gas Authority Issues An Urgent Call To Action

The nascent UK Oil and Gas Authority (“OGA”), has issued an urgent Call to Action report setting out the main risks facing the UK oil and gas industry: insufficient profitablity leading to pre-mature asset decommissioning and...more

Dispute Resolution Clause in Settlement Agreement Supersedes the Underlying Agreement

Monde Petroleum SA v Westernzagros Ltd [2015] EWHC 67 (Comm) - In 2006, WesternZagros Ltd (WZL), an oil and gas company incorporated in Cyprus, entered into a consultancy agreement with Monde Petroleum SA (Monde), a...more

Energy Newsletter - February 2015

In This Issue: - LEX PETROLEA: Sources and Successes of International Petroleum Law - The Top 10 Questions Facing the LNG Industry in 2015 - Drilling Contracts – Avoiding Misunderstanding - Iran's Upstream...more

LEX PETROLEA: Sources and Successes of International Petroleum Law

In the widely cited and sometimes wildly interpreted 1982 arbitration award issued by the tribunal in Aminoil v. Kuwait, the Government argued that compensation for its expropriation of Aminoil's concession should be based on...more

Structuring Energy and Natural Resource Investments into Sub Saharan Africa

An improving investment climate - Perceptions of Africa as an investment destination are changing rapidly and parts of Africa are increasingly considered very attractive for foreign direct investment. Compare this to...more

Indian Supreme Court Cancels Mining Concessions

On 24 September 2014, the Indian Supreme Court cancelled 214 out of the 218 existing coal-mining licenses. The only mining licences which were not cancelled were four coal blocks made to Government controlled undertakings...more

International News: Focus on Mining and Metals

In This Issue: - Features ..Investors in Africa Benefit from Regional Trading Blocs ..Understanding the COMESA Merger Control Regime ..Protecting Your UK Business Against Departing...more

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