This year’s ITA-IEL-ICC Joint Conference on International Energy Arbitration (the “Conference”), co-organised by the Institute for Transnational Arbitration was a whistle-stop tour of the new frontiers facing arbitration practitioners focused on the energy sector. There were, however, two themes that emerged as particularly significant: (i) the transition towards lower carbon economies; and (ii) the effects…

Clyde & Co LLP partnered with Jus Mundi and Queen Mary University of London (“QMUL”) School of International Arbitration to bring together a number of speakers on the development of arbitration and practice of investment in the Latin American (“LatAm”) region. The event kicked-off with a review of Jus Mundi’s latest energy arbitration report which…

At the Kluwer Arbitration Blog, December is the month to thank our readers and collaborators for their readership, contributions, and support. This is also one of the occasions in which we highlight and we praise our excellent editors.   The Kluwer Arbitration Blog will celebrate 15 years of existence in 2024. On 28 January 2009, the…

Following the morning session which explored the geopolitics of international arbitration, the next generation of dispute resolution and the freshly-minted draft SIAC Rules (see Part 1), the afternoon session probed into regional and topical dimensions of international arbitration through six technologically-driven and interactive panel discussions.   I. Regional Developments, Trends & Forecasts   Illuminating Top…

On June 7, 2023, an ICC tribunal issued an award that will redefine risk allocation in the construction industry. The arbitration was initiated by Refinería de Cartagena S.A.S. (“Reficar”), a wholly owned subsidiary of Ecopetrol S.A., which is in turn owned by the Republic of Colombia, against Chicago Bridge & Iron Company NV., CB&I UK…

On an exceptionally sunny day in Vancouver, Canada, Vancouver International Arbitration Centre (VanIAC) and International Council for Commercial Arbitration (ICCA) hosted a joint conference entitled “Energy Infrastructure Disputes and Arbitration: Today and Tomorrow”. The one-day conference kicked off with a traditional welcome by Wilson Williams (Sxwíxwtn) of the Squamish Nation on June 2, 2023. After…

During the first days of June, the scenic Canadian city of Vancouver hosted several events of interest to the arbitration community. The biggest of these was the June 2 joint conference organized by the Vancouver International Arbitration Centre (“VanIAC”) and the International Council for Commercial Arbitration (“ICCA”), which will be discussed in a separate blog…

The energy transition lies at the heart of climate change mitigation efforts.  A new survey by Queen Mary University of London (QMUL) in collaboration with Pinsent Masons, the Future of International Energy Arbitration Survey Report, (“the Energy Report” or “the 2022 QMUL Survey”) (see also here) offers guidance to anticipate and mitigate those risks for…

The Panel “The Future of Major Energy Projects Crises, Challenges, and Opportunities” took place on the penultimate day of the London International Disputes Week 2023 (“LIDW 2023”) on 18th May 2023 in the London office of McDermott Will & Emergy with panellist Armando Neris from McDermott Will & Emery, Lucian Ilie from Outer Temple Chambers,…

The modernization of the Energy Charter Treaty (ECT) has been debated among scholars, with some supporting it and others criticizing the process and outcome. The vote on the modernization was postponed indefinitely due to ongoing debates about the Treaty’s future, including various withdrawals from it. The modernization process encapsulates broader reform efforts and attempts to…

Much has been written already about the future of the Energy Charter Treaty (“the ECT”) – or perhaps lack thereof. Briefly, attempts to modernise the ECT began in earnest in 2017 with the aim of better aligning the treaty’s substantive provisions with its contracting parties’ climate law obligations. On 24 June 2022, those discussions culminated…

The energy sector has long been one of the major users of international arbitration, and the field has always been a fertile ground for disputes, whether they be price reviews, construction claims, sale and delivery disagreements or disputes over the decommissioning of assets. This has certainly been the case in recent years, including for arbitrations…

In the course of the 2023 Paris Arbitration Week, Jeantet organized a round table on “Arbitrating Renewable Energy Disputes, with a Special Focus on the CEE Region”. The panel was composed of Caroline Falconer (Secretary General of the SCC Arbitration Institute), Jurriaan Kien, (Legal Director New Energies & Services, SBM Offshore), Edoardo Marcenaro, (Head of…

2023 Paris Arbitration Week (PAW) gathered over 1,400 attendees, in person and online, and featured over 145 events over five days. Kluwer Arbitration Blog is the official media partner of PAW. The first day of PAW kicked off with the keynote address by Dr Yas Banifatemi, founding partner of Gaillard Banifatemi Shelbaya Disputes. In keeping…

On 17 and 24 February 2023, speakers from various jurisdictions convened webinars to address ESG, climate change and EU-related issues. Jonathan Barnett (Nivalion AG) reports.   Keynote Speech: The Expanding Universe of Climate Change Disputes: Annette Magnusson (Climate Change Counsel) Annette Magnusson delivered the keynote speech on “The Expanding Universe of Climate Change Disputes” to…

The past year has seen a variety of exogenous impacts to global energy markets: from the sanctions flowing from Russia’s “special military operation” in Ukraine, to the supply chain aftershocks of the COVID Pandemic, to hiccups in the commercial and government policy implementations of the global Energy Transition. International arbitration too has seen its share…

Renewable energy is front-and-centre in the Japanese energy agenda. Japan is still heavily reliant on fossil fuels for its electricity generation needs with one-third of its carbon emissions coming from its 78 thermal power stations. The Japanese prime minister has pledged that Japan will be carbon neutral by 2050 leading to the Japanese Ministry of…

Amid a push for more decisive action toward energy transition, countries around the world are facing pressure to innovate and adopt sweeping legislative amendments, all while trying to avoid investment claims by foreign investors affected by the changing regulatory frameworks. Among the countries performing this balancing act, Bosnia and Herzegovina and other Western Balkans countries…

As part of the 2022 Istanbul Arbitration Week (ISTAW) organized from 10 to 14 October 2022, the Energy Disputes Arbitration Center (EDAC), which is the only energy sector-based arbitration center with its own rules, hosted several panels in relation to energy arbitration at historical Sait Halim Pasha Mansion by the Bosphorus. This post provides a…

As part of the 2022 Istanbul Arbitration Week (ISTAW) organized from 10 to 14 October 2022, the Energy Disputes Arbitration Center (EDAC) hosted two panels in relation to arbitration developments in Turkey and Istanbul’s place in the world of arbitration, on which this post aims to report (see also our coverage of ISTAW energy-related panels)….

The DIS 2022 Autumn Conference took place on 15 September 2022, following the traditional Gala Dinner at the spectacular Palace Charlottenburg the evening before. The Autumn Conference is one of two of the DIS’ main annual conferences, traditionally held in English gathering arbitration practitioners from all over the world to exchange ideas and initiate thought-provoking…

A North American energy trade war may be on the horizon. President Andres Manuel Lopez Obrador (AMLO) is backstepping the opening of Mexican energy markets by halting the issuance of permits, providing competitive advantages to state-owned enterprises, and attacking independent regulators. The re-centralization of the energy sector is being done in the name of Mexico’s…

On the last day of the #LIDW22, Herbert Smith Freehills, Linklaters, Norton Rose Fulbright, Twenty Essex, Vinson & Elkins, and Clyde & Co hosted a session on “The future of energy disputes in a post-covid world”. The speakers – Michael Ashcroft QC (Twenty Essex), Rebecca James (Linklaters), Colin Johnson (HKA), Richard Power (Clyde & Co),…

As part of the 2022 Paris Arbitration Week, Three Crowns held on 31 March 2022 a conference on “Renewable Energy and Arbitration”. The panel was comprised of Marc Péresse (Head of Legal Offshore Wind at EDF Renewables), Fabien Roques (Executive Vice President with Compass Lexecon and Associate Professor in Economics at Paris Dauphine and at…