International Energy Arbitration

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International Arbitration in the Energy Sector

Author : Maxi Scherer
Publisher : Oxford University Press
ISBN 13 : 0192528319
Total Pages : 400 pages
Book Rating : 4.1/5 (925 download)

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Book Synopsis International Arbitration in the Energy Sector by : Maxi Scherer

Download or read book International Arbitration in the Energy Sector written by Maxi Scherer and published by Oxford University Press. This book was released on 2018-02-22 with total page 400 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

International Arbitration in Latin America

Author : Gloria M. Alvarez
Publisher : Kluwer Law International B.V.
ISBN 13 : 904119973X
Total Pages : 462 pages
Book Rating : 4.0/5 (411 download)

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Book Synopsis International Arbitration in Latin America by : Gloria M. Alvarez

Download or read book International Arbitration in Latin America written by Gloria M. Alvarez and published by Kluwer Law International B.V.. This book was released on 2021-04-08 with total page 462 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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 Energy Arbitration

Author : Paul Cohen (Lawyer)
Publisher :
ISBN 13 : 9780414034440
Total Pages : 600 pages
Book Rating : 4.0/5 (344 download)

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Book Synopsis International Energy Arbitration by : Paul Cohen (Lawyer)

Download or read book International Energy Arbitration written by Paul Cohen (Lawyer) and published by . This book was released on 2015-07-31 with total page 600 pages. Available in PDF, EPUB and Kindle. Book excerpt: A complete guide to international energy arbitration for practitioners and inhouse counsel. Taking a sector-by-sector approach, it examines in detail the legal framework surrounding energy disputes and uses real case studies to provide insight into the practical and legal issues that exist in complex energy disputes.

The Guide to Energy Arbitrations

Author : John William Rowley
Publisher :
ISBN 13 : 9781838628789
Total Pages : 0 pages
Book Rating : 4.6/5 (287 download)

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Book Synopsis The Guide to Energy Arbitrations by : John William Rowley

Download or read book The Guide to Energy Arbitrations written by John William Rowley and published by . This book was released on 2022 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt:

International Investment Arbitration and Energy Disputes in the EU

Author : Gloria M Alvarez
Publisher : Hart Publishing
ISBN 13 : 9781509925056
Total Pages : 208 pages
Book Rating : 4.9/5 (25 download)

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Book Synopsis International Investment Arbitration and Energy Disputes in the EU by : Gloria M Alvarez

Download or read book International Investment Arbitration and Energy Disputes in the EU written by Gloria M Alvarez and published by Hart Publishing. This book was released on 2021-04-08 with total page 208 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book contributes to a new paradigm shift towards sustaining the Energy Charter Treaty, which remains the key instrument on global energy governance and foreign investment. The book detangles the misunderstandings produced by Achmea and Micula, drawing upon the consequences of international energy investments in the EU. The author demonstrates a clear solution where ECT tribunals respect the autonomy of EU law, while resolving intra-EU energy disputes. She achieves this by presenting for the first time comprehensive scholarly, jurisprudential and empirical findings proving that EU Law operates a functional role in analysing breaches of investment treaty protection. If applied effectively, this new approach can produce valid and enforceable intra-EU arbitration awards. At a time when the ECT is being modernised, the conceptual standpoints presented offer a problem-solving approach to assist the arbitrator, academic, policymaker and legal practitioner in understanding both the present and the future of EU energy investments. The book focuses on the low-carbon power sector, including electricity, nuclear and renewable energy disputes. The arguments advanced can be transplanted to other economic sectors and regional investment blocks, including CETA, EU-Singapore, EU-Mercosur, EU-Mexico and the EU-Australia Trade Agreements.

Stability and Legitimate Expectations in International Energy Investments

Author : Rahmi Kopar
Publisher : Bloomsbury Publishing
ISBN 13 : 1509938400
Total Pages : 235 pages
Book Rating : 4.5/5 (99 download)

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Book Synopsis Stability and Legitimate Expectations in International Energy Investments by : Rahmi Kopar

Download or read book Stability and Legitimate Expectations in International Energy Investments written by Rahmi Kopar and published by Bloomsbury Publishing. This book was released on 2021-08-12 with total page 235 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book assesses stability guarantees through the lens of the legitimate expectations principle to offer a new perspective on the stability concept in international energy investments. The analysis of the interaction between the concepts of stability and legitimate expectations reveals that there are now more opportunities for energy investors to argue their cases before arbitral tribunals. The book offers detailed analyses of the latest energy investment arbitral awards from Spain, Italy and the Czech Republic, and reflects on the state of the art of the legitimate expectations debate and its relationship with the stability concept. The author argues that, in order to achieve stability, the legitimate expectations principle should be employed as the main investment protection tool when a dispute arises on account of unilateral host state alterations. This timely work will be useful to both scholars and practitioners who are interested in international energy law, investment treaty arbitration, and international investment law.

Guide to Energy Arbitrations

Author : J William Rowley QC
Publisher : Law Business Research Ltd.
ISBN 13 : 1912377535
Total Pages : 312 pages
Book Rating : 4.9/5 (123 download)

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Book Synopsis Guide to Energy Arbitrations by : J William Rowley QC

Download or read book Guide to Energy Arbitrations written by J William Rowley QC and published by Law Business Research Ltd.. This book was released on 2017-06-21 with total page 312 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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

Alternative Dispute Resolution in the Energy Sector

Author : Association for International Arbitration
Publisher : Maklu
ISBN 13 : 9046602672
Total Pages : 158 pages
Book Rating : 4.0/5 (466 download)

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Book Synopsis Alternative Dispute Resolution in the Energy Sector by : Association for International Arbitration

Download or read book Alternative Dispute Resolution in the Energy Sector written by Association for International Arbitration and published by Maklu. This book was released on 2009 with total page 158 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

International Arbitration in the Energy Sector

Author : Maxi Scherer
Publisher : Oxford University Press, USA
ISBN 13 : 9780198805786
Total Pages : 528 pages
Book Rating : 4.8/5 (57 download)

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Book Synopsis International Arbitration in the Energy Sector by : Maxi Scherer

Download or read book International Arbitration in the Energy Sector written by Maxi Scherer and published by Oxford University Press, USA. This book was released on 2018-02-22 with total page 528 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

Arbitration in the International Energy Industry

Author : Ronnie King
Publisher :
ISBN 13 : 9781787422247
Total Pages : 287 pages
Book Rating : 4.4/5 (222 download)

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Book Synopsis Arbitration in the International Energy Industry by : Ronnie King

Download or read book Arbitration in the International Energy Industry written by Ronnie King and published by . This book was released on 2019 with total page 287 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

International Arbitration Renewable En

Author : Emma Johnson
Publisher :
ISBN 13 : 9781787424661
Total Pages : 90 pages
Book Rating : 4.4/5 (246 download)

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Book Synopsis International Arbitration Renewable En by : Emma Johnson

Download or read book International Arbitration Renewable En written by Emma Johnson and published by . This book was released on 2021-05-31 with total page 90 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

The Oxford Handbook of International Arbitration

Author : Thomas Schultz
Publisher : Oxford University Press
ISBN 13 : 0192515969
Total Pages : 1008 pages
Book Rating : 4.1/5 (925 download)

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Book Synopsis The Oxford Handbook of International Arbitration by : Thomas Schultz

Download or read book The Oxford Handbook of International Arbitration written by Thomas Schultz and published by Oxford University Press. This book was released on 2020-09-11 with total page 1008 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

Renewable Energy Arbitration-quo Vadis?

Author : Filip Balcerzak
Publisher : Martinus Nijhoff Publishers
ISBN 13 : 9004509348
Total Pages : 508 pages
Book Rating : 4.0/5 (45 download)

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Book Synopsis Renewable Energy Arbitration-quo Vadis? by : Filip Balcerzak

Download or read book Renewable Energy Arbitration-quo Vadis? written by Filip Balcerzak and published by Martinus Nijhoff Publishers. This book was released on 2023 with total page 508 pages. Available in PDF, EPUB and Kindle. Book excerpt: Based on analysis of 21 arbitral awards rendered in the "Spanish saga" cases, this book discusses the current challenges faced by international investment law in the renewable energy sector. Filip Balcerzak offers both micro-level analysis of each individual case and macro-level conclusions of universal relevance.

International Energy Investment Law

Author : Peter D. Cameron
Publisher : Oxford University Press
ISBN 13 : 0198732473
Total Pages : 865 pages
Book Rating : 4.1/5 (987 download)

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Book Synopsis International Energy Investment Law by : Peter D. Cameron

Download or read book International Energy Investment Law written by Peter D. Cameron and published by Oxford University Press. This book was released on 2021-10-14 with total page 865 pages. Available in PDF, EPUB and Kindle. Book excerpt: Following the success of International Energy Investment Law: The Pursuit of Stability, this updated and expanded second edition re-examines and assesses the variety of contract- and treaty-based instruments in commercial and international law that strive to protect the respective interests of investors and states in the international energy industry. Over past years an unprecedented growth of international investment law in the form of BITs, MITs, other treaty-based instruments, and domestic legislation has fundamentally altered the legal framework and offers extensive scope for international arbitration in the event of disputes. A wave of unilateral state action has tested the system in a number of high-value commercial disputes, most evidently in Latin American, Eastern Europe, and sub-Saharan Africa; protection for investors is being tested as arbitrators develop new notions of legitimate expectation and give content to fair and equitable treatment, while mapping out more precisely the duties which investors owe to host states. This book critically examines the interaction between contract and treaty forms of stability in the new multi-tier setting, including highly detailed regional case studies of Latin America, Eastern Europe, and (new to this edition) Africa. Central to the new edition is its expanded content on renewable energy, including claims under the Energy Charter Treaty, and energy-related minerals now playing a key role in the transition to a low carbon economy; the updated chapter on environmental issues also addresses decommissioning and low carbon/climate change issues. The book also considers emerging issues in unconventional oil and gas, issues arising from energy network operation including transit, and damages issues arising in energy cases. Particular attention is paid to the practical impact of these issues and the enforcement of awards by arbitration tribunals and bodies such as the ICSID, the ICC, and the LCIA. In its concluding section, the book looks forward to new challenges arising from climate change, human rights, and environmental issues.

Energy Dispute Resolution: Investment Protection, Transit and the Energy Charter Treaty

Author : Graham Coop
Publisher : Juris Publishing, Inc.
ISBN 13 : 1933833793
Total Pages : 472 pages
Book Rating : 4.9/5 (338 download)

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Book Synopsis Energy Dispute Resolution: Investment Protection, Transit and the Energy Charter Treaty by : Graham Coop

Download or read book Energy Dispute Resolution: Investment Protection, Transit and the Energy Charter Treaty written by Graham Coop and published by Juris Publishing, Inc.. This book was released on 2011-06-01 with total page 472 pages. Available in PDF, EPUB and Kindle. Book excerpt: Energy Dispute Resolution: Investment Protection, Transit and the Energy Charter Treaty is a compilation of written contributions prepared in the context of a conference organized by the Energy Charter Secretariat, in cooperation with five other well-known legal institutions (the Arbitration Institute of the Stockholm Chamber of Commerce, the British Institute of International and Comparative Law, the International Centre for Settlement of Investment Disputes, the International Chamber of Commerce and the Permanent Court of Arbitration). This highly successful conference took place in Brussels in October 2009. Energy Dispute Resolution: Investment Protection, Transit and the Energy Charter Treaty focuses on investment arbitration under the Energy Charter Treaty (or ECT) and on transit dispute resolution under the ECT. Part I consists of a review of awards, decisions and other developments in ECT investment arbitrations, of which nearly 30 were in the public domain as of 1 January 2011. Part II deals with the relationship between bilateral investment treaties, the ECT as a multilateral investment treaty, and European Union (EU) law, and addresses the question of whether conflict between these legal systems is inevitable. In Part III, the book reviews the highly developed provisional application mechanism of the ECT, particularly in relation to Russia, which signed the ECT in 1994 but has never ratified it. Part IV deals with the energy transit provisions of the ECT and the Treaty’s potential application with respect to East-West energy transit and supply disputes. The book also contains an Editor’s Preface, introductory and closing remarks, a table of contents, a detailed index, and an Appendix in the form of a CD-ROM containing the rules of arbitration of the three international arbitration mechanisms provided by the ECT (ICSID, SCC and ad hoc UNCITRAL arbitration). The book is of international application, particularly within the 51-country Energy Charter constituency (Western, Central and Eastern Europe, the former Soviet Union, Japan, Turkey, Mongolia and Australia), but is relevant to energy and international arbitration lawyers worldwide.

International Arbitration and the COVID-19 Revolution

Author : Maxi Scherer
Publisher : Kluwer Law International B.V.
ISBN 13 : 9403528435
Total Pages : 314 pages
Book Rating : 4.4/5 (35 download)

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Book Synopsis International Arbitration and the COVID-19 Revolution by : Maxi Scherer

Download or read book International Arbitration and the COVID-19 Revolution written by Maxi Scherer and published by Kluwer Law International B.V.. This book was released on 2020-11-17 with total page 314 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

Alternative Dispute Resolution in Energy Industries

Author : Mustafa Oğuz Tuna
Publisher : Routledge
ISBN 13 : 1000566005
Total Pages : 189 pages
Book Rating : 4.0/5 (5 download)

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Book Synopsis Alternative Dispute Resolution in Energy Industries by : Mustafa Oğuz Tuna

Download or read book Alternative Dispute Resolution in Energy Industries written by Mustafa Oğuz Tuna and published by Routledge. This book was released on 2022-04-03 with total page 189 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.