International Arbitration in the Energy Sector

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Maxi Scherer (Director of the Centre for Commercial Law Studies, Director of the Centre for Commercial Law Studies, Queen Mary University of London)

International Arbitration in the Energy Sector

Maxi Scherer (Director of the Centre for Commercial Law Studies, Director of the Centre for Commercial Law Studies, Queen Mary University of London)

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English

Oxford University Press
28 January 2020

International arbitration; Energy & natural resources law

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.

Edited by: Maxi Scherer (Director of the Centre for Commercial Law Studies Director of the Centre for Commercial Law Studies Queen Mary University of London)
Imprint: Oxford University Press
Country of Publication: United Kingdom
Dimensions: Height: 242mm, Width: 169mm, Spine: 28mm
Weight: 1g
ISBN: 9780198805793
ISBN 10: 0198805799
Pages: 520
Publication Date: 28 January 2020
Audience: Professional and scholarly , Undergraduate
Format: Paperback
Publisher's Status: Active

1: Maxi Scherer: Introduction Part I: Commercial Arbitration in the Energy Sector 2: Craig Tevendale & Samantha Bakstad: Upstream Oil and Gas Disputes 3: Steven Finizio & Michael Howe: Gas Supply Transactions and Disputes 4: Simon Manner & Tilman Niedermaier: Renewable Energy Dispute 5: Peter Rees QC & Jess Connors: Energy Construction and Infrastructure Disputes 6: Raphael J Heffron: Mining Disputes Part II: Investor-State Arbitration in the Energy Sector 7: Loukas Mistelis: Contractual Mechanisms for Stability in Energy Contracts 8: Kaj Hobér: Overview of ECT Cases 9: George A Bermann: ECT and European Union Law 10: Graham Coop & Isabella Seif: ECT and States' Right to Regulate 11: Norah Gallagher: ECT and Renewable Energy Disputes 12: Anton Asoskov: Energy Investor-State Disputes in Russia and the Commonwealth of Independent States 13: Eduardo Silva Romero: Energy Investor-State Disputes in Latin America 14: Koh Swee Yen: Energy Investor-State Disputes in Asia 15: Makane Moïse Mbengue & Samarth Sagar: Energy Investor-State Disputes in Africa Part III: Public International Law Disputes, Climate Disputes, and Sustainable Development in the Energy Sector 16: Wendy Miles QC: International Boundary Disputes and Natural Resources 17: Annette Magnusson: Climate Disputes and Sustainable Development in the Energy Sector: Bridging the Enforceability Gap 18: David W Rivkin & Catherine Amirfar: Climate Disputes and Sustainable Development in the Energy Sector: Future Directives

Maxi Scherer teaches in the LLM programme in the School of International Arbitration at Queen Mary University of London (QMUL). Maxi is also the Director of the LLM programme in Paris, as well as the Director of the Centre for Commercial Law Studies (CCLS) in Paris.

Reviews for International Arbitration in the Energy Sector

"It is a literature that comprehensively captures the energy sector from a legal, social, political and geographical perspective and is an encyclopedia of the International energy field and can be evaluated as a must-have for practitioners and researchers involved in the energy and natural resources sector. * Akira Sawai, Japan Commercial Arbitration Journal * [Maxi Scherer] has managed to gather a truly diverse collection covering a broad array of energy arbitrations where the list of the contributors reads as a ""who's who"" of academics and practitioners operating on the nexus of energy and dispute resolution globally. The quality of this edited collection overall is a testament to Scherer's command of the subject and her valuable experience in the field. * Dr Nima Mersadi Tabari, International Energy Law Review * International Arbitration in the Energy Sector provides a comprehensive and practical overview of specific topics, such as construction, environment issues, renewable energy, and ECT cases related to different subsectors and regions. Overall, this book is a highly informative publication that weaves in international and national law elements and that offers a valuable toolkit for international arbitration practitioners and anyone with an interest in energy disputes. * Silvia M. Marchili, ICC Dispute Resolution Bulletin * International Arbitrations in the Energy Sector excels in offering valuable insights on some of the most hotly debated issues in the energy sector. The commentaries, authored by leading practitioners, academics and industry experts from around the world, are supported by compelling analyses of arbitral jurisprudence, national court and international tribunal caselaw, treaties, and other international legal instruments, as well as the latest developments in the energy industry. * Adrian-Marcel Hodis, Asian Dispute Review *"