Overview

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.

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9780198805786

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Reviews

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 * 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 * 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 * [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 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 *

Author Information

Professor Dr Maxi Scherer holds the Chair in International Arbitration, Dispute Resolution and Energy Law at the School of International Arbitration, Queen Mary University of London (QMUL). Maxi is also the Director of QMULs Centre for Commercial Law Studies (CCLS) in Paris, and a Global Professor at NYU Law School. She is a Special Counsel at Wilmer Cutler Pickering Hale and Dorr LLP in London and has extensive experience, both as counsel and arbitrator, in energy-related arbitrations.

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