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General Business Alternative Dispute Resolution (ADR) Energy & Utilities

Read need-to-know updates, commentary, and analysis on General Business issues written by leading professionals.

A Twist in Oil Patch Arbitration

by Gray Reed & McGraw on

Would you trust your $12 million arbitration to accountants rather than lawyers? Sometimes it makes sense. In Order_Apache v. YPF SA, delegating an accounting dispute to accountants was right. The problem was in the...more

Third party debt orders and letters of credit

by Allen & Overy LLP on

The Supreme Court decided that the legal ‘location’ (situs) of a debt due under a letter of credit is the place of residence of the debtor, not where the debt is due to be paid. The decision opens the door for third party...more

Energy Newsletter - November 2017

by King & Spalding on

Choice of Law in Host Government Agreements - Choice of law stands as the second “pillar” of contract stabilization, together with stabilization clauses and international arbitration. In fact, choice of law provisions...more

Choice of Law in Host Government Agreements

by King & Spalding on

Choice of law stands as the second “pillar” of contract stabilization, together with stabilization clauses and international arbitration. In fact, choice of law provisions sometimes consist of stabilization clauses in the...more

Supply Chain Disruption and Litigation Trends in North Africa's Oil and Gas Industry

by Hogan Lovells on

In this hoganlovells.com interview, Hogan Lovells partner Laurent Gouiffès discusses oil and gas supply chain disruption and litigation trends in North Africa, including Algeria, Libya, Tunisia, Morocco, and Egypt....more

Energy Newsletter - June 2017

by King & Spalding on

Mineral and Royalty Interest MLPs: An Alternative Exit For PE-Backed Mineral and Royalty Interest Cos. - Oil and gas exploration companies no longer have to go door-to-door, or ranch-to-ranch, to negotiate oil and gas...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

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

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

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

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

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

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

Quantum Quarterly - Issue VIII – 1st Quarter 2016

by King & Spalding on

We are pleased to present the latest edition of Quantum Quarterly, a publication of King & Spalding’s International Arbitration Group. This edition features an interview with Suzana M. Blades and Alberto F. Ravell, Managing...more

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

Tokyo Dispute Resolution and Crisis Management Newsletter - June 2016

by King & Spalding on

Dispute-Management - Best Practices in Construction Projects - Introduction - What do you do when an unforeseen event threatens to increase the costs or time necessary to complete a major construction project?...more

International Investment Arbitration in Africa: Year in Review 2015

by Bryan Cave on

International investment arbitration – also known as investment treaty arbitration or investor-State arbitration – is a procedure whereby foreign investors may seek a binding adjudication of claims against host States that...more

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

by Reed Smith on

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

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

by Reed Smith on

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

Third Circuit Rules Court Should Decide Class Arbitrability

by Blank Rome LLP on

Action Item: In a precedential opinion, the U.S. Court of Appeals for the Third Circuit outlined what is required for parties to allow arbitrators—rather than courts—to decide whether a matter could be arbitrated as a class....more

Investment in the Power Sector in Emerging Markets

by White & Case LLP on

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

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