Oil & Gas Arbitration

News & Analysis as of

SCOTUS Puts an End to Ecuador’s Appeal of $96 Million Arbitration Award in Favor of Chevron

A long-running dispute between Chevron and Ecuador appears to have reached its end after the Supreme Court declined to take up Ecuador’s question of whether United States courts had jurisdiction to confirm a $96 million...more

Your daily dose of financial news The Brief – 5.5.16

The Consumer Financial Protection Bureau is releasing a rule today that will ban consumer financial services providers from “prohibiting customers, through contracts with mandatory arbitration clauses, from filing or joining...more

Paris Energy Series No.10: The Paris Agreement on Climate Change: Beware the Shield?

Arbitral Implications for the Oil and Gas Sector - On 12 December 2015, the Paris Agreement (or the "Agreement") on climate change was signed by 195 States and the EU, provoking scenes of euphoria among the delegates...more

“Who Decides” Whether Class Arbitration Is Available?: The Third Circuit Provides New Guidance in Chesapeake Appalachia, LLC v....

The U.S. Court of Appeals for the Third Circuit (the “Court”) has spoken again on the issue of “who decides” whether parties must arbitrate a dispute on a classwide basis. In 2014, the Court ruled that “unless the parties...more

Third Circuit Reaffirms High Burden To Establish Delegation Of Class Arbitrability Determination

Earlier this month, the Third Circuit Court of Appeals reaffirmed its holding that the availability of class arbitration constitutes a question of arbitrability to be decided by courts unless the arbitration agreement...more

Third Circuit Holds That Courts – Not Arbitrators – Must Determine Whether Arbitration Clauses Permit Class Action Arbitration

The United States Court of Appeals for the Third Circuit, in a precedential opinion, recently held that courts, not arbitrators, must decide whether a class action dispute should be governed by arbitration unless the...more

Oil Supplier Appeals Conoco’s Right To Buy Stake In Refinery Unit

In a long-standing dispute between Venezuelan state-owned Oil Company Petroleos de Venezuela SA (“Petroleos”) and ConocoPhillips, a New York district court judge upheld ConocoPhillips’ acquisition of a 50% stake in a Texas...more

Federal Circuit Enforces Arbitration Award, Rejects Foreign Sovereign’s Immunity Challenge

In 1973, Chevron and Ecuador signed an agreement allowing Chevron to develop oil fields in Ecuador. Years later, litigation ensued and eventually Chevron commenced an arbitration action before a tribunal in the Hague. Ecuador...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

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

Newsletter: March 2015

In This Issue: - Main Article: .. Inter Partes Review and the ITC: The Benefits and Risks of Filing IPR on Patents Asserted in an ITC Investigation - Noted With Interest: .. Securities Act Claims...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

The Financial Report -Volume 4, No. 4 • February 2015 (Global)

US Judicial Developments - Receiver can be subject to arbitration. The court-appointed receiver for hedge funds used as part of a Ponzi scheme sued the scheme’s “net winners” in an effort to claw back their gains....more

"The 'Law 42' Arbitrations Against Ecuador and the Importance of BIT Language"

Bilateral Investment Treaties (BITs) afford investors a series of guarantees against expropriation or unfair treatment of investments in foreign jurisdictions. They also typically allow investors to enforce those rights...more

The Sixth Circuit Holds That an Arbitration Clause in an Expired Contract Still Applies

Does the duty to arbitrate survive the expiration of a contract? The United States Court of Appeals, Sixth Circuit recently held “yes.” The Sixth Circuit became the first federal appeals court to examine whether a contract’s...more

Business Litigation Report -- November 2014

In This Issue: - Main Article: ..Foreign Investor Protection v. National Sovereignty: The Pros and Cons of Investor-State Arbitration - Noted With Interest: ..Gelboim et al. v. Bank of America Corp. et...more

No Class Action Waivers in Arbitration Agreements, Says NLRB

The National Labor Relations Board (NLRB) has decided to follow its own oft-criticized 2012 decision in D.R. Horton, holding that arbitration agreements barring class action lawsuits about working conditions, which are signed...more

An Update on Recent Oil- and Gas-Related Decisions in Ohio

Due to increased drilling activity in the Utica shale formation, state and federal courts in Ohio and the 6th Circuit have recently issued decisions related to local drilling regulations, drilling permits, leasing, indemnity...more

American Arbitration Association Panel Distinguishes Third Circuit’s Holding in Opalinski

The intersection of class actions and arbitration continues to raise issues for parties to consider in evaluating whether arbitration clauses do or do not permit class actions in arbitration. One such issue involves who gets...more

The Fifth Circuit examines co-defendants’ acts and the waiver doctrine

The US Fifth Circuit recently examined whether the acts of an arbitration proponent’s co-defendants may be imputed to that proponent for the purposes of determining it had waived its right to arbitrate, especially where the...more

Energy Newsletter - June 2014

In This Issue: - Drafting Lessons From The "Deliver-Or-Pay Wars" Of The Southern Cone - Flaring Litigation in North Dakota is Capped - Shell Oil Co. v. United States -- A Divided Federal Circuit...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

Did We Sign Up for This? Court Compels Arbitration Based on Dispute Resolution Terms of Separate Contract

A Texas Court of Appeals has held that parties to a natural gas gathering contract are required to utilize arbitration—despite the absence of an arbitration provision in the contract—because the case cannot be decided without...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

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