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Alternative Dispute Resolution (ADR) Energy & Utilities

Read Alternative Dispute Resolution updates, alerts, news, and commentary from leading lawyers and law firms:

Venezuela Mines for a Reversal in Federal Appeals Court

Venezuela is taking its fight over a $1.4 billion arbitral award to the District of Columbia’s federal court of appeals. The award capped a bitter dispute between Venezuela and Crystallex International Corporation, a...more

The Asia-Pacific Arbitration Review - 2018

by WilmerHale on

The Asia-Pacific region has seen a surge in the use of arbitration in recent years. Although it is difficult to draw general conclusions about a large and incredibly diverse geographical region that stretches from French...more

Arbitration Bribery Corruption and Disputes - it's not as easy as ABCD

by Hogan Lovells on

Foreign Corrupt Practices Act ("FCPA") - For energy, mining, and resources companies, the cost of corruption—and getting caught—is real. Less than two months ago, Odebrecht S.A. was ordered by a U.S. federal judge to pay a...more

Draft Changes to Ukrainian Model Gas Storage Agreement re Arbitration Clause

by Dentons on

On 2 June 2017, the Ukrainian Regulator placed at its website draft changes to the Model Gas Storage (Injection, Withdrawal) Agreement (the “Model Agreement”). The changes are referred here to as the “Draft”....more

Oil Field Contamination Award Upheld

by Gray Reed & McGraw on

Forest Oil Corporation v. El Rucio Land and Cattle Inc. et al deserves your attention for four reasons: You won’t see another one involving damage to a rhinoceros pen...more

ICSID Committee Annuls Nearly 90% of Award Against Venezuela

An International Centre for Settlement of Investment Disputes (ICSID) Committee has annulled nearly 90% of the US$1.6 billion Award which had been won by ExxonMobil affiliates in their ICSID arbitration against Venezuela...more

Arguments for Class Arbitration with an Agreement That Doesn’t Mention It, Again Fail

by BakerHostetler on

The predicted demise of litigation over the availability of class arbitration has not taken place. And the new cases occur in many areas of the law. The most recent decision actually involves oil and gas leases rather than...more

Uganda - A bright future

by Hogan Lovells on

Peter Hood is a solicitor and Hogan Lovells consultant currently living in Kampala, Uganda who specialises in business and human rights and international arbitration. He recently gave two guest lectures to law students at...more

Canadian Mining Company Strikes Gold in US Court

by WilmerHale on

Arbitration analysis: Steven Finizio and Manuel Casas at WilmerHale, consider the US District Court’s decision in Crystallex v Venezuela to uphold the $1.2bn damages award and suggest that the case reaffirms the deferential...more

Oil and Gas Arbitration – Did the Parties Get What They Bargained For?

by Gray Reed & McGraw on

First, a promise: I won’t report on another arbitration case until there is more to say than “business as usual”. Second, an opinion: Arbitration is still the right forum in many situations. Third, remember: An award and a...more

Kazakhstan Ordered to Pay $506 Million for Crude Expropriation of Oil and Gas Investments

In a case that highlights both that governments are not above the rule of law and that it is difficult to swiftly enforce arbitral awards, a Swedish appeals court, on December 12, 2016, upheld a $506 million award against...more

Court Finds That Enron’s Fraud Does Not Void Contract Entered Into With Enron Subsidiary

by Carlton Fields on

A federal appellate court has upheld a district court order enforcing an arbitration award by the ICC against the Republic of Nigeria in favor of Enron Nigeria Power Holdings, Ltd. (“ENPH”), a former subsidiary of Enron...more

Business Litigation Report - December 2016

Artificial Intelligence Litigation: Can the Law Keep Pace with The Rise of the Machines? - Artificial intelligence, or AI, is the broad conceptual term for the technologies or systems making it possible for computers to...more

Arbitration in Louisiana – Another Budding Romance?

by Gray Reed & McGraw on

Are Louisiana courts as enamored with arbitration as their Texas counterparts? Looks like it. East of the Sabine, submitting your dispute to arbitration means you are pretty much saying adieu, farewell and bye-bye to...more

Boletín Mensual de Comercio Internacional: Octubre Información con Ènfasis en la Regulación Comercial y de Arbitraje Internacional

by Holland & Knight LLP on

Durante el mes de Octubre destacan los siguientes temas: Comercio Internacional, Aduanero, Competencia, Normalización Telecom, Prácticas Desleales, Arbitraje ISDS....more

Boletín Mensual de Comercio Internacional: Septiembre - Información con énfasis en la Regulación Comercial y de Arbitraje...

by Holland & Knight LLP on

Durante el mes de Septiembre destacan los siguientes temas: Contenido Nacional, Comercio, Inversión Extranjera, Normalización, Competencia, Medio Ambiente, Subvenciones, Prácticas Desleales, Servicios Transporte Aéreo, ISDS....more

Texas Courts Continue Their Romance With Arbitration

by Gray Reed & McGraw on

The lessons in Craddick Partners Ltd. v. EnerSciences Holdings, LLC are three: Parties who have not signed an agreement to arbitrate have standing to compel arbitration; artful pleading to avoid arbitration won’t work; and...more

What’s Different about Energy ADR?

by JAMS on

The energy industry is quite diverse (utilities, oil and gas explorers and producers, pipelines and more) and encounters an equally diverse number of disputes. Perhaps a difference is that the capital intensity of the energy...more

Energy Update - April 2016

by Shearman & Sterling LLP on

We are pleased to release the latest issue of our client newsletter, Energy Update, designed to inform clients and friends of the firm about important developments affecting US and international energy markets. Please...more

Lessons From Recently Vacated Arbitration Awards

While I was busy blogging out listicles and “think pieces” last month, my stack of unread arbitration cases grew exponentially.  August was apparently a very busy month for publishing arbitration opinions.  Maybe most...more

Tokyo Dispute Resolution & Crisis Management Newsletter – August 2016

by King & Spalding on

The Rise of LNG Disputes - Global Trends Emerging From the Recent Cases - Introduction - Although some in the liquefied natural gas industry are generally aware of price review disputes (mostly in Europe) that...more

New York Appellate Court Allows Fraud Claim to Proceed Against Morgan Stanley

On August 11, 2016, the First Department of the Appellate Division of the Supreme Court of the State of New York affirmed a trial court ruling that investor-plaintiff IKB International to proceed with claims that RMBS sponsor...more

Second Circuit Affirmed Enforcement of ICC Arbitral Award Annulled Abroad

by Latham & Watkins LLP on

Decision confirming an arbitral award annulled in Mexico, underscores US courts’ pro-enforcement position and highlights different approaches undertaken by courts around the world. On August 2, 2016, the United States...more

When Can Employee Policies Be Amended?

by Gray Reed & McGraw on

Thinking about changing an employee policy in Texas? Kubala v. Supreme Production Services, Inc. says you can do it (almost) whenever you want. Want to make employees arbitrate their disputes? You can do that too....more

LNG Disputes on the Rise

by King & Spalding on

Although some in the LNG industry are generally aware of price review disputes (mostly in Europe) that occurred during the last decade, the growing overall trend globally in LNG disputes (especially via international...more

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