International Arbitration in Latin America
International Arbitration in Latin America

Author: Gloria M. Alvarez

Publisher: Kluwer Law International B.V.

Published: 2021-04-08

Total Pages: 462

ISBN-13: 904119973X

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Energy projects in Latin America are a major contributor to economic growth worldwide. This book is the first to offer a comprehensive, in-depth analysis of specific issues arising from energy and natural resources contracts and disputes in the region, covering a wide range of procedural, substantive, and socio-legal issues. The book also includes how states have shifted from passive business partners to more active controlling players. The book contains an extensive treatment and examination of the particularities of arbitration practice in Latin America, including arbitrability, public order, enforcement, and the complex public-private nature of energy transactions. Specialists experienced in resolving international energy and natural disputes throughout the region provide detailed analysis of such issues and topics, including: state-owned entities as co-investors or contracting parties; role of environmental law, indigenous rights and public participation; issues related to political changes, corruption, and quantification of damages; climate change, renewable energy, and the energy transition; force majeure, hardship, and price reopeners; arbitration in the electricity sector; take-or-pay contracts; recognition and enforcement of awards; tension between stabilization clauses and human rights; mediation as a method for dispute settlement in the energy and natural resources sector; and different comparative approaches taken by national courts in key Latin American jurisdictions. The book also delivers a clear explanation on the impact made to the arbitration process by Covid-19, emerging laws, changes of political circumstances, the economic global trends in the oil & gas market, the energy transition, and the rise of new technologies. This invaluable book will be welcomed by in-house lawyers, government officials, as well as academics and rest of the arbitration community involved in international arbitration with particular interest in the energy and natural resources sector.

International Arbitration in the Energy Sector
International Arbitration in the Energy Sector

Author: Maxi Scherer

Publisher: Oxford University Press

Published: 2018-02-22

Total Pages: 529

ISBN-13: 0192528319

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Disputes in the energy and natural resources sector are at the heart of international arbitration. With more arbitrations arising in the international energy sector than in any other sector, it is not surprising that the highest valued awards in the history of arbitration come from energy-related arbitrations. Energy disputes often involve complex and controversial issues relating to security, sovereignty, and public welfare. International Arbitration in the Energy Sector puts international energy disputes into a global context, providing broad coverage of different forms and systems of dispute resolution across both renewable and non-renewable sectors. With contributions from leading arbitrators, academics, and industry experts from across the globe, the twenty chapters in the book enable readers to compare the approaches to, and learnings from, energy arbitrations across various legal systems and geographic regions. After outlining the international energy arbitration legal framework in Part I, the text delves into a detailed analysis of the problems which regularly arise in practice. These include, among other things, commercial disputes in Part II (e.g. over the upstream oil sector and long-term gas supply contracts), investor-state disputes in Part III (e.g. under the Energy Charter Treaty), and public international law disputes in Part IV (e.g. concerning international boundaries and the distribution of natural resources). Alongside recent developments in the international energy sector, attention is given to climate and sustainable development disputes, which raise important questions about enforcing sustainability objectives on individuals, corporations, and states. Backed by analyses of arbitral awards, national court and international tribunal decisions, treaties, and other international legal instruments, as well as current events and news in the energy industry, this text offers a unique contribution to international energy literature and provides insightful commentary on the prevalent issues in the field. It is essential reading for any practitioner or researcher in the energy and natural resources sector.

International Energy Investment Law
International Energy Investment Law

Author: Peter D. Cameron

Publisher: Oxford University Press, USA

Published: 2010

Total Pages: 568

ISBN-13:

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Long term contracts have been used in the international petroleum industry since its earliest days. However, they have been prone to unilateral revision by host governments in countries where the petroleum reserves are located. In the 1970s a wave of nationalisations and contract renegotiations led to a number of much cited arbitral awards and significant changes in contracting practice in the international petroleum industry. Recently, it has become clear that a new wave of unilateral state action is taking place in the international petroleum industry, most evidently in Latin America and Russia. These developments increase the tempo of a long-term process in which the exposure of largely privately owned Western energy companies to unilateral state action has been increasing. The book asks: how have legal processes and instruments developed to mitigate that growing exposure, and why have they had so little success? This monograph examines and assesses the variety of legal instruments from international and commercial law that have been designed to promote stability in long-term contracts in the international energy industry (including dedicated contract provisions, bilateral investment treaties and multilateral treaty instruments). It covers both energy production and networks involving large-scale fixed infrastructure. It pays particular attention to their practical impact through an analysis of their enforcement by arbitration tribunals and bodies, such as the ICSID, the ICC and the LCIA. The book also examines the growing challenges presented by environmental and 'social' risk to the stability of long-term agreements. The book's approach is both analytical and historical, locating legal instruments and enforcement awards in their context, discussing their origins and purpose.

International Arbitration and the COVID-19 Revolution
International Arbitration and the COVID-19 Revolution

Author: Maxi Scherer

Publisher: Kluwer Law International B.V.

Published: 2020-11-17

Total Pages: 314

ISBN-13: 9403528435

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International Arbitration and the COVID-19 Revolution Edited by Maxi Scherer, Niuscha Bassiri & Mohamed S. Abdel Wahab The impact of the COVID-19 pandemic on all major economic sectors and industries has triggered profound and systemic changes in international arbitration. Moreover, the fact that entire proceedings are now being conducted remotely constitutes so significant a deviation from the norm as to warrant the designation ‘revolution’. This timely book is the first to describe and analyse how the COVID-19 crisis has redefined arbitral practice, with critical appraisal from well-known practitioners of the pandemic’s effects on substantive and procedural aspects from the commencement of proceedings until the enforcement of the award. With practical guidance from a variety of perspectives – legal, practical, and sector-specific – on the conduct of international arbitration during the COVID-19 pandemic and beyond, the chapters present leading practitioners’ insights into the unprecedented and multifaceted issues that arise. They provide expert tips and challenges in such practical matters as the following: preventing and resolving disputes of particular types – construction, energy, aviation, technology, media and telecommunication, finance and insurance; arbitrator appointments; issues of planning, preparation and sample procedural orders; witness preparation and cross-examination; e-signature of arbitral awards; setting aside and enforcement proceedings; and third-party funding. Also included are an empirical survey of users’ views and an overview of how the COVID-19 revolution has affected the arbitration rules of leading arbitral seats. With this timely and practical book, arbitration practitioners and scholars will gain up-to-date knowledge of sector-specific challenges brought about by the COVID-19 pandemic and approach arbitration proceedings with an understanding of the most important legal and practical considerations during the crisis and beyond.

Introduction to Investor-State Arbitration
Introduction to Investor-State Arbitration

Author: Yves Derains

Publisher: Kluwer Law International B.V.

Published: 2018-10-17

Total Pages: 362

ISBN-13: 9041184015

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Today thousands of investors act globally in markets providing services, technology or capital in countries all around the world. This activity can be peacefully accomplished when both the investor and the host State know that the disputes will be resolved under the aegis of the investor-State arbitration regime, wherein an investor is provided with a direct right of action against a State, most commonly stemming from a bilateral or multilateral investment treaty. This book approaches the substantive and sometimes difficult concepts of investor-State arbitration in a clear and concise explanatory fashion. In the course of acquainting the reader with the basic legal concepts and policies of the regime, the authors address such issues as the following: • consent to jurisdiction; • State responsibility; • possible conflict of interests; • mechanisms for reviewing an award; • damages and costs; and • enforcement. The book examines a number of arbitration procedures arising from various perspectives with differing underlying assumptions while highlighting important cases. Given that investor-State arbitration is now under the public watch and facing many challenges, this remarkably clear and concise overview of the regime will prove to be of great value to in-house counsel and other practitioners, as well as to government policymakers and students.x`

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.

Carbon Capture and Storage in International Energy Policy and Law
Carbon Capture and Storage in International Energy Policy and Law

Author: Hirdan Katarina de Medeiros Costa

Publisher: Elsevier

Published: 2021-10-13

Total Pages: 430

ISBN-13: 0323853706

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Carbon Capture and Storage in International Energy Policy and Law identifies the main contemporary regulatory requirements, challenges and opportunities involving CCS from a comparative and interdisciplinary perspective. It draws on the scholarship of renowned researchers across the fields of international energy law and policy to address CCS regulation and its impact on climate change, sustainable development, and related consequences for energy transition. In this vein, the book aims to address issues related to energy, energy justice and climate changes (including CCS technology). Contributors discuss the main challenges and advantages concerning international energy and the forms CCS may contribute to energy security, climate change, adaptation and mitigation of GHG emissions and sustainable development. In this light, the book discusses CCS as a bridge that integrates international energy, climate change and sustainable development. - Covers contemporary regulatory command-and-control and market incentive instruments across the local, regional and/or international spheres in-depth and in comparison - Reviews deregulatory impacts, modern financing of CCS, liability of the involved parties, and pertinent environmental issues - Addresses sociotechnical aspects of CCS and its specific impact on the international arena - Discusses the interplay of carbon capture and storage, renewables and the overall energy transition, current pathways to sustainable development

Contractual Renegotiations and International Investment Arbitration
Contractual Renegotiations and International Investment Arbitration

Author: Aikaterini Florou

Publisher: BRILL

Published: 2020-03-02

Total Pages: 261

ISBN-13: 9004407472

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In Contractual Renegotiations and International Investment Arbitration, Aikaterini Florou explores the sensitive issues of renegotiating state contracts and the relationship between those contracts and the overarching international investment treaties. By introducing novel insights from economics, the author deconstructs the contract-treaty interaction, demonstrating that it is not only treaties that impact the underlying contracts, but also that those contracts have an effect on the way the open-textured treaty standards are interpreted. The originality of the argument is combined with an innovative interpretative methodology based on relational contract theory and transaction cost economics. Departing from the traditional emphasis of international lawyers on the text of investment contracts, Florou shows instead that such contracts are first and foremost “economic animals” and the theory of obsolescing bargaining does not paint a full picture of the contract-treaty interaction.

The Oxford Handbook of International Arbitration
The Oxford Handbook of International Arbitration

Author: Thomas Schultz

Publisher: Oxford University Press

Published: 2020-09-11

Total Pages: 1008

ISBN-13: 0192515977

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This Handbook brings together many of the key scholars and leading practitioners in international arbitration, to present and examine cutting-edge knowledge in the field. Innovative in its breadth of coverage, chapter-topics range from the practicalities of how arbitration works, to big picture discussions of the actors involved and the values that underpin it. The book includes critical analysis of some of international arbitrations most controversial aspects, whilst providing a nuanced account overall that allows readers to draw their own informed conclusions. The book is divided into six parts, after an introduction discussing the formation of knowledge in the field. Part I provides an overview of the key legal notions needed to understand how international arbitration technically works, such as the relation between arbitration and law, the power of arbitral tribunals to make decisions, the appointment of arbitrators, and the role of public policy. Part II focuses on key actors in international arbitration, such as arbitrators, parties choosing arbitrators, and civil society. Part III examines the central values at stake in the field, including efficiency, legal certainty, and constitutional ideals. Part IV discusses intellectual paradigms structuring the thinking in and about international arbitration, such as the idea of autonomous transnational legal orders and conflicts of law. Part V presents the empirical evidence we currently have about the operations and effects of both commercial and investment arbitration. Finally, Part VI provides different disciplinary perspectives on international arbitration, including historical, sociological, literary, economic, and psychological accounts.