International Arbitration in the Energy Sector

ISBN : 9780198805793

Maxi Scherer
520 ページ
169 x 242 mm

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.


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 Hober: 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 Moise 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.