Alternative Dispute Resolution in the Energy Sector
Alternative Dispute Resolution in the Energy Sector

Author: Association for International Arbitration

Publisher: Maklu

Published: 2009

Total Pages: 158

ISBN-13: 9046602672

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In a world held in the grip of economic downfall - with increasing scarcity of energy supplies, plummeting oil prices, rising intra-state energy transit, protectionist natural resources policies, and growing environmental concerns - time and cost are not to be underestimated factors in the choice of a suiting dispute resolution method. This book covers the hot topics related to the Energy Charter Treaty, not only from a theoretical point of view, but also from practical experiences in France, the UK, and Belgium. Moreover, this publication is original in that it addresses the issue of soft law in investment arbitration and includes a fictional case elaborating on the influence of different interest groups in energy disputes.

Alternative Dispute Resolution in Energy Industries
Alternative Dispute Resolution in Energy Industries

Author: Mustafa Oğuz Tuna

Publisher: Routledge

Published: 2022-04-03

Total Pages: 189

ISBN-13: 1000566005

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The disputes that arise between host states and investors in the energy sector put a high number of valuable and vital projects in the countries at risk. Investment treaty arbitration mechanisms, as the traditional remedy, have provided a solution to these problems for decades. However, as the number of disputes increases, the sufficiency of arbitration in responding to disputes became questionable in addition to the long-lasting and costly cases. Accordingly, ADR mechanisms outside the arbitration cannon have triggered growing interest among practitioners. Despite the attraction and the apparent benefits of ADR such as being cheaper, faster and with better outcomes compared to arbitration, there are also hurdles in front that hinder the application of ADR. This has lead to the underuse of ADR in appropriate contexts. This study has been conducted to research the gap for the applicability of the ADR methods for investment disputes in the energy sector with the doctrinal analysis of the existing literature either promoting or opposing ADR. Its findings provide guidance for alternative dispute resolution practitioners on when to use ADR, how to use ADR and on what disputes ADR to be used to resolve conflicts in International Energy Investment.

Dispute Resolution in the Energy Sector
Dispute Resolution in the Energy Sector

Author: Ronnie King

Publisher: Globe Law and Business Limited

Published: 2012

Total Pages: 0

ISBN-13: 9781905783625

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This title provides a practical, user-friendly overview of the essentials of dispute resolution in the energy industry. Leading practitioners from international law firms and global companies consider, among other things, the drafting of dispute resolution clauses, the effective use of international arbitration, the management of large-scale energy disputes, and the development of case law in oil and gas disputes, construction disputes, environmental disputes and disputes arising in the renewables and nuclear sectors.

Access to Justice for Vulnerable and Energy-Poor Consumers
Access to Justice for Vulnerable and Energy-Poor Consumers

Author: Naomi Creutzfeldt

Publisher: Bloomsbury Publishing

Published: 2021-07-01

Total Pages: 384

ISBN-13: 150993944X

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How do ordinary people access justice? This book offers a novel socio-legal approach to access to justice, alternative dispute resolution, vulnerability and energy poverty. It poses an access to justice challenge and rethinks it through a lens that accommodates all affected people, especially those who are currently falling through the system. It raises broader questions about alternative dispute resolution, the need for reform to include more collective approaches, a stronger recognition of the needs of vulnerable people, and a stronger emphasis on delivering social justice. The authors use energy poverty as a site of vulnerability and examine the barriers to justice facing this excluded group. The book assembles the findings of an interdisciplinary research project studying access to justice and its barriers in the UK, Italy, France, Bulgaria and Spain (Catalonia). In-depth interviews with regulators, ombuds, energy companies, third-sector organisations and vulnerable people provide a rich dataset through which to understand the phenomenon. The book provides theoretical and empirical insights which shed new light on these issues and sets out new directions of inquiry for research, policy and practice. It will be of interest to researchers, students and policymakers working on access to justice, consumer vulnerability, energy poverty, and the complex intersection between these fields. The book includes contributions by Cosmo Graham (UK), Sarah Supino and Benedetta Voltaggio (Italy), Marine Cornelis (France), Anais Varo and Enric Bartlett (Catalonia) and Teodora Peneva (Bulgaria).

Alternative Dispute Resolution in the Regulatory Process
Alternative Dispute Resolution in the Regulatory Process

Author: Deirdre McCarthy Gallagher

Publisher: MSU Press

Published: 2020-06-01

Total Pages: 160

ISBN-13: 1628953810

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An in-depth look at the institutionalization of alternative dispute resolution (ADR) processes in the federal and state regulatory arenas over the past twenty-five years, this volume showcases the value of these processes and highlights the potential for their expanded application and growth. It describes ADR techniques, how to use them, and how to integrate them into existing processes, using examples from the Federal Energy Regulatory Commission and three state utility regulatory commissions. The book recounts ADR successes, recognizing that traditional litigative methods may not always meet the needs of agencies, the parties, or the public. Institutionalizing these processes requires a systematic commitment to different approaches to problem-solving and, ultimately, cultural change. The authors spearheaded initiatives to integrate these processes and skills at the federal level. Drawing from valuable insights gained from their experience, the authors introduce a versatile new ADR system design model, the Voices of Value, which aims to enhance input, creativity, and effectiveness in regulatory and other public arenas as well as the private sector.

International Energy Law
International Energy Law

Author: Mohammad Naseem

Publisher: Kluwer Law International B.V.

Published: 2017-03-24

Total Pages: 149

ISBN-13: 904118564X

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This book provides a systematic approach to legislation and legal practice concerning energy resources and production in International Energy Law. The book describes the broad international energy set up, administrative organization, regulatory framework, and relevant case law pertaining to the development, application, and use of such forms of energy as electricity, gas, petroleum, and coal, with attention as needed to the pervasive legal effects of competition law, environmental law and tax law. A general introduction covers the geography of energy resources, sources and basic principles of energy law, and the relevant governmental institutions. Then follows a detailed description of specific legislation and regulation affecting such factors as documentation, undertakings, facilities, storage, pricing, procurement and sales, transportation, transmission, distribution, and supply of each form of energy. Case law, intergovernmental cooperation agreements, and interactions with environmental, tax, and competition law are explained. Its succinct yet scholarly nature, as well as the practical quality of the information it provides, make this book a valuable resource for energy sector policymakers, negotiators, investors and energy firm counsel handling cases affecting International Energy Law. It will also be welcomed by researchers and academics for its contribution to the study of the complex field of energy law that has peculiar characteristics because of associated risks and rewards.

The Problems and Challenges Facing Settlement of International Energy Disputes by ADR Methods in Asia
The Problems and Challenges Facing Settlement of International Energy Disputes by ADR Methods in Asia

Author: A. F. M. Maniruzzaman

Publisher:

Published: 2012

Total Pages: 11

ISBN-13:

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The importance of the issue of settlement of international energy disputes in Asia by alternative dispute resolution (ADR) methods cannot be overlooked in the present day of international business transactions in that part of the world. There are various ADR methods available for dispute settlement in the oil, gas and energy sectors. They are, in the widest sense, negotiation, arbitration, conciliation or mediation, and mini-trial. With this broad perspective of ADR in mind, this article is mainly concerned with the problems and challenges facing arbitration and to some extent conciliation or mediation in the Asian context.