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Arbitration Energy Sector

Arbitration is a widely-used method for settling disputes between parties. During arbitration, parties submit their dispute to an impartial third person or party, usually chosen by the parties. Typically, parties... more +
Arbitration is a widely-used method for settling disputes between parties. During arbitration, parties submit their dispute to an impartial third person or party, usually chosen by the parties. Typically, parties to arbitration agree in advance to be bound by the arbitrator's decision. Arbitration is an alternative to litigation, but it shares many of the familiar features of litigation. Namely, parties to arbitration hold hearings before neutral decision-makers, present evidence and argue the merits of their position. Parties often choose arbitration due to its perceived advantages over litigation. Those perceived advantages include greater efficiency and flexibility, and lower costs. less -
Hogan Lovells

EU Member States reach agreement on ECT arbitration clause

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On 26 June 2024, 26 EU Member States and the EU signed a declaration regarding the non-applicability of the investor-state arbitration clause in the ECT intra-EU (Declaration). The Declaration also sought to disapply the...more

Jenner & Block

Jenner & Block Japan Newsletter - May 2024

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Welcome to the May 2024 edition of the Jenner & Block Japan Newsletter, a publication containing updates about legal developments in the United States that may be noteworthy to our clients and other leaders in the Japanese...more

Bradley Arant Boult Cummings LLP

California Court Sends Solar Contractor’s Bond Claims to Arbitration

A California federal court ruled last week that a surety can enforce an arbitration clause in a contract to which it is not a party. The dispute involves performance and payment bond claims brought by solar contractor...more

Bracewell LLP

Nigeria’s Energy Sector: Looking Back at 2023 and Looking Ahead in 2024

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We summarise the key events from 2023 in Nigeria’s energy sector – a year that saw the start of a new presidency and the end of the fuel subsidy. There was considerable M&A activity, significant legal developments and court...more

Proskauer - Minding Your Business

Exodus From The Energy Charter Treaty – What is Left of Europe’s Protections for Investors?

As of January 2024, France, Germany and Poland have officially withdrawn from the Energy Charter Treaty (ECT). Their decision to withdraw from the treaty follows a recent European Commission proposal for a mass exodus from...more

Oliva Gibbs LLP

Arbitration Clauses In Energy Contracts – Pros and Cons

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Many contracts in the energy sector contain arbitrations clauses – some are mandatory, while others are optional. In recent years, arbitration has become a mainstay in resolving energy disputes, particularly because of the...more

Oliva Gibbs LLP

Do You Need an Arbitration Clause in Your Energy Contract? Pros and Cons

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Arbitration clauses are gaining prominence in energy contracts due to evolving industry issues and complexities. Explore some pros and cons to help make informed contract decisions for your business in this Oliva Gibbs case...more

White & Case LLP

Investing in India

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What a difference a decade can make! Since the publication of our first report, "Navigating India: Lessons for Foreign Investors," in 2013, India has undergone a remarkable transformation. The country’s population grew by 100...more

IMS Legal Strategies

Visual Storytelling in Complex Arbitration – IMS Insights Podcast Episode 65

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Our podcast guest, Clea Bigelow-Nuttall, is a partner at Pinsent Masons’ London office who specializes in commercial and investment arbitration, including the mining and energy sector. She joins IMS | Z-Axis Consultant &...more

Morgan Lewis - Power & Pipes

Real-World Litigation Impacts of Contract Clauses in Energy Contracts: Specificity in Arbitration Provisions, and Delegation of...

In energy contracts, there is a need for specificity in arbitration provisions, particularly in the delegation of arbitrability questions to the arbitrator. Because of the high stakes involved in contracts for energy...more

White & Case LLP

Energy Transition and the Modernized Energy Charter Treaty

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In June 2022, the Contracting Parties to the Energy Charter Treaty ("ECT") announced an agreement in principle on the text of a modernized treaty. This modernization may have material consequences for state regulation and...more

Latham & Watkins LLP

Green Power and the Protections of Intra-EU Energy Investment

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The tribunal in Green Power v. Kingdom of Spain declined jurisdiction, finding that the parties had not validly consented to arbitration under the Energy Charter Treaty. A tribunal seated in Sweden has become the first...more

Foley & Lardner LLP

The United States Seeks Consultations with the Mexican Government Regarding Mexico Energy Policy under the USMCA

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The United States of America has requested dispute settlement consultations with the Mexican Government under Chapter 31 of the United States–Mexico–Canada Agreement (USMCA). The consultations are linked to Mexico’s new...more

Awatif Mohammad Shoqi Advocates & Legal...

What You Need to Know About Energy Regulations in the UAE?

Energy regulations in the UAE are spread across different Emirates, with Emirates like Abu Dhabi and Dubai having their own laws and regulations. Background- The United Arab Emirates is a federation made up of seven...more

Morgan Lewis

Amendments to Mexico’s Power Industry Law Remain Suspended Despite Court Decisions

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As of July 15, 2021, both Federal Collegiate Courts in Administrative Matters Specialized in Economic Competition (Tribunal Colegiado en Materia Administrativa Especializado en Competencia Económica, Radiodifusión y...more

BakerHostetler

No Takebacks: Consequences of Choosing the Path of Litigation

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A Houston oil and gas consulting firm waived its right to compel arbitration in a long-standing dispute given its “persistent pursuit of litigation,” the Fifth Circuit held last month in Int’l Energy Ventures Mgmt. L.L.C. v....more

JAMS

A Wave on the Horizon for the Mexican Electricity Sector Represents an Opportunity for Mediation - Investor-State dispute...

JAMS on

The new presidential administration in the United States, with its focus on the decarbonization of the electricity sector and having recently returned the country to the Paris climate accord, clashes head-on with the goals of...more

King & Spalding

Quantum Quarterly – Issue 12 – 4 Quarter 2020

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Claimant is an Australian joint venture between Chile’s Antofagasta plc and Canada’s Barrick Gold Corporation. In 2006, Claimant became a party to a joint venture agreement between it and the Government of Balochistan with...more

Bradley Arant Boult Cummings LLP

ICC Releases New International Arbitration Rules – Important Changes for the Construction and Energy Sector

The International Chamber of Commerce (ICC) International Court of Arbitration, one of the leading international arbitral institutions, has released revised Rules of Arbitration to take effect in January 2021. The 2021 ICC...more

Akin Gump Strauss Hauer & Feld LLP

Practical Guide to Asian LNG Price Review: Part 2

There are currently substantial commercial incentives for Asian buyers to seek price adjustments under their long-term liquefied natural gas (LNG) contracts. In Part 1 of this series we outlined the elements of an effective...more

King & Spalding

Energy Newsletter - December 2019

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Rekindling the Flame: Oil & Gas Securitizations - A number of recent structurings of investment-grade rated securitizations of oil and gas wells are sparking conversations in the U.S. upstream oil and gas industry about...more

King & Spalding

Energy Newsletter - October 2019

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Report from the 2019 Mayors’ Annual Energy Summit in Carlsbad, NM - We attended the Mayors’ Annual Energy Summit again this year, on September 12, at the Walter Gerrells Civic Center Annex in Carlsbad, NM. The Mayors’...more

Morgan Lewis

NRC Ends Rulemaking on Third-Party Reviews of Access Authorization, Fitness-for-Duty Determinations

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The Nuclear Regulatory Commission, by a 3-1 vote on August 7, agreed with the NRC Staff’s recommendation to discontinue a rulemaking on third-party arbitration of access authorization and fitness-for-duty determinations. The...more

King & Spalding

Quantum Quarterly – Issue 11 – 2 Quarter 2019

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We are pleased to present the latest edition of Quantum Quarterly, a publication of King & Spalding’s International Arbitration Practice Group. This edition kicks off with an interview with Howard Rosen of Secretariat in...more

Morgan Lewis

NRC Staff Recommends Ending Rulemaking on Third-Party Reviews of Access Authorization and Fitness-for-Duty Determinations

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As we last reported on October 5, 2018, the NRC Staff appeared ready to recommend withdrawing a rulemaking on third-party arbitration of access authorization and fitness-for-duty determinations. On April 4, 2019, the NRC...more

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