Alternative Dispute Resolution In Energy Industries
Alternative Dispute Resolution In Energy Industries Book in PDF, ePub and Kindle version is available to download in english. Read online anytime anywhere directly from your device. Click on the download button below to get a free pdf file of Alternative Dispute Resolution In Energy Industries book. This book definitely worth reading, it is an incredibly well-written.
Alternative Dispute Resolution in the Energy Sector by Association for International Arbitration Pdf
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 by Mustafa Oğuz Tuna Pdf
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.
Guide to Energy Arbitrations by J William Rowley QC Pdf
Global Arbitration Review's The Guide to Energy Arbitrations is an essential desk-top reference tool for energy companies, their advisers and arbitrators, bringing together a number of pre-eminent authors and pulling together the latest and best approaches to the myriad issues confronted in today's energy disputes. J William Rowley QC of 20 Essex St, acts as General Editor, editors are Doak Bishop of King & Spalding and Gordon Kaiser, with contributions from leading firms across the world. The book has 18 chapters split into 4 sections: I. Investor-State Disputes in the Energy Sector II. Commerical Disputes in the Energy Sector III. Contractual Terms IV. Procedural Issues in Energy Arbitrations. "e;The Guide to Energy Arbitration is a very useful and unique contribution to the literature in the area...it...assembles the views and insights of leading counsel and arbitrators on many of the key issues and trends in the energy arbitration world. It should be a valuable guide to energy companies and their internal and external counsel, in addition to being of interest to commercial and litigation lawyers generally."e; - Glenn Zacher, Partner, Stikeman Elliot
Author : Ronnie King Publisher : Globe Law and Business Limited Page : 0 pages File Size : 49,8 Mb Release : 2012 Category : Business & Economics ISBN : 1905783620
Dispute Resolution in the Energy Sector by Ronnie King Pdf
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.
International Arbitration in the Energy Sector by Maxi Scherer Pdf
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 practitioners, arbitrators, academics, and industry experts from across the globe, the eighteen 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, the text delves into a detailed analysis of the problems which regularly arise in practice. These include, among other things, commercial disputes in Part I (e.g. over the upstream oil sector and long-term gas supply contracts), investor-state disputes in Part II (e.g. under the Energy Charter Treaty), and public international law disputes in Part III (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.
The Best Practices of Leading Energy Lawyers by Aspatore Books Staff Pdf
"The Best Practices of Leading Energy Lawyers is an authoritative, insider's perspective on key strategies for navigating the energy law arena. Featuring partners and chairs from some of the nation's leading law firms, these experts guide the reader through many of the important issues in energy law today, and describe best practices for addressing those issues. These top lawyers reveal their advice on how to structure successful energy trans-actions, including conducting due diligence, overcoming regulatory hurdles, drafting agreements, mitigating risks, and dealing with the challenges of international transactions. Additionally, these leaders reveal their strategies for developing renewable energy projects, working with state and federal regulators, and using alternative dispute resolution in the energy industry. The different niches represented and the breadth of perspectives presented enable readers to get inside some of the great legal minds of today as these experienced lawyers o
Access to Justice for Vulnerable and Energy-Poor Consumers by Naomi Creutzfeldt,Chris Gill,Marine Cornelis,Rachel McPherson Pdf
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).
International Arbitration Renewable En by Emma Johnson,Lucy McKenzie,Matthew Saunders Pdf
Despite a temporary decline in energy usage and emissions resulting from the confinement policies adopted by many states in response to the Covid-19 pandemic, the world is not on track to meet the Paris Agreement climate change goals. In order to bridge the 'emissions gap' by 2030, the energy industry is critical to achieving the necessary cuts to emissions, however, it must also balance increasing energy demand with the need to achieve sustainability of energy supply for future generations. This requires the industry to transition from dependence on fossil-fuel sources and look to new technologies that underpin a low-carbon economy. Renewables are central to this transition. The increase in renewable energy capacity globally and the complex and relatively untested nature of renewables projects and the contracts underlying them give rise to a wide range of potential disputes. International arbitration has long been the preferred dispute resolution forum for the energy sector and is well placed to be the leading process for resolving the many and varied disputes that can arise in the lifetime of a renewables project. In light of the increased prevalence of renewable disputes, this Special Report considers: -the defining characteristics of renewables projects; -the scope for disputes to arise in the implementation of these projects at an inter-state, investor-state and commercial level; -the suitability of arbitration to resolve these disputes, and how its processes can be adapted to resolve them in an efficient and effective way; and -what the future of arbitration of renewable energy disputes might look like. Written for both a legal and non-legal audience, this Special Report is relevant to those interested in learning about the scope for disputes in the renewables sector, how they can be avoided, and how arbitration can best be deployed to prevent delay and help push energy transition forward.
International Arbitration in the Energy Sector by Maxi Scherer Pdf
International Arbitration in the Energy Sector' puts disputes in the energy and natural resources sector into a global context, providing broad coverage of different forms and systems of dispute across both renewable and non-renewable sectors.
Alternative Dispute Resolution in the Regulatory Process by Deirdre McCarthy Gallagher,Richard L. Miles,Jerrilynne Purdy Pdf
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 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.
Author : Jay G. Martin,Mark S. Anshan Publisher : Section of Environment, Energy & Resources Page : 244 pages File Size : 53,6 Mb Release : 2001 Category : Business & Economics ISBN : STANFORD:36105062238303
The State's Power to Tax in the Investment Arbitration of Energy Disputes by Cornel Marian Pdf
The State’s Power to Tax in the Investment Arbitration of Energy Disputes Outer Limits and the Energy Charter Treaty Cornel Marian States today are expected not only to regulate the efficient and safe production and distribution of energy to end-users but also to incentivize increased production of energy and the transition to clean energy. In recent years, states are increasingly relying on taxation measures to address the economic challenges affecting the energy sector. This book provides the first in-depth exploration of the intersection between the treaty investment protection regime and taxation measures, as these materialize in investor-state energy disputes. With the analysis of all known and pending cases under the Energy Charter Treaty (ECT), as well as non-ECT cases and bilateral investment treaties which have heavily influenced ECT jurisprudence, the author develops a deeply informed energy tax policy that greatly mitigates the points of tension in the current regime. He closely investigates the following elements of the subject: aligning the ECT Taxation Article with the taxation articles of other investment treaties; tracing current case law to the original arbitration decisions involving tax measures; extrapolating the interplay of taxation provisions with substantive standards of investment protection as reviewed by international arbitral tribunals; evaluating the outer limits of the state’s power to tax under investment treaties and public international law; and addressing how the Yukos arbitration case has changed the framework of taxation issues in investment arbitration. In a clear and concise manner, the author provides the necessary framework to dissect any taxation chapter of an investment treaty and presents tools for the development of long-term tax policy and the adoption of model taxation clauses for sustainable investment protection mechanisms. The book takes a giant step toward meeting the ECT’s mandate to promote long-term cooperation in the energy field with a set of defined objectives focusing on trade, cooperation, energy efficiency, and environmental protection. It will be of immeasurable value to states in developing tax-specific investment incentive schemes as well as to investors in completing a necessary level of due diligence against possible adverse tax measures. Practitioners and academics with a focus on international arbitration will benefit from the book’s systematic approach to the complex taxation provisions of investment protection treaties and more readily recognize the “red flags” attached to national taxation provisions and their impact on investments in the energy sector.
Arbitration in the International Energy Industry by Ronnie King Pdf
The international energy industry frequently gives rise to complex, high-value disputes. As economic and commercial circumstances change, joint venture partners may disagree over operations, sellers and buyers may manoeuvre to amend pricing terms and states may seek to improve their take from investment projects. Any of these outcomes can have significant consequences for the long-term prospects of companies operating in the sector. These are just some of the issues covered by this title, which provides a practical, user-friendly overview of the essentials of international arbitration in the energy industry. Leading practitioners from international law firms and global companies consider, among other things, the effective drafting of arbitration clauses, how to keep international arbitration affordable, gas price arbitrations, EPC and construction arbitrations, investment treaty disputes under the Energy Charter Treaty, third party funding in international arbitration and enforcement of arbitral awards. Edited by Ronnie King, Tokyo Managing Partner and international arbitration expert at international law firm Ashurst LLP, this title will be of practical value for all lawyers advising in the energy industry, and for others who have an interest in the important issues discussed.
