Alternative Dispute Resolution In Energy Industries
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Alternative Dispute Resolution In Energy Industries
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Author : Mustafa Oğuz Tuna
language : en
Publisher: Routledge
Release Date : 2022-04-03
Alternative Dispute Resolution In Energy Industries written by Mustafa Oğuz Tuna and has been published by Routledge this book supported file pdf, txt, epub, kindle and other format this book has been release on 2022-04-03 with Law categories.
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.
Alternative Dispute Resolution In The Energy Sector
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Author : Association for International Arbitration
language : en
Publisher: Maklu
Release Date : 2009
Alternative Dispute Resolution In The Energy Sector written by Association for International Arbitration and has been published by Maklu this book supported file pdf, txt, epub, kindle and other format this book has been release on 2009 with Business & Economics categories.
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
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Author : Maxi Scherer
language : en
Publisher: Oxford University Press
Release Date : 2018-02-22
International Arbitration In The Energy Sector written by Maxi Scherer and has been published by Oxford University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2018-02-22 with Law categories.
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.
Access To Justice For Vulnerable And Energy Poor Consumers
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Author : Naomi Creutzfeldt
language : en
Publisher: Bloomsbury Publishing
Release Date : 2021-07-01
Access To Justice For Vulnerable And Energy Poor Consumers written by Naomi Creutzfeldt and has been published by Bloomsbury Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2021-07-01 with Law categories.
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).
Governing Law And Dispute Resolution In The Oil And Gas Industry
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Author : Pereira, Eduardo G.
language : en
Publisher: Edward Elgar Publishing
Release Date : 2022-08-23
Governing Law And Dispute Resolution In The Oil And Gas Industry written by Pereira, Eduardo G. and has been published by Edward Elgar Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2022-08-23 with Law categories.
The oil and gas industry’s wide international exposure and constantly changing landscape leave it particularly vulnerable to disputes. As this practical book demonstrates, the risks associated with disputes can be mitigated by parties utilising governing law and dispute resolution clauses in contractual agreements within the sector. Examining a global range of jurisdictions, the book offers clear guidance on the most appropriate choice of law and choice of dispute resolution forum for oil and gas contracts, analysing the key issues and defining the legal contours involved.
The New Regulatory Framework For Consumer Dispute Resolution
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Author : Pablo Cortés
language : en
Publisher: Oxford University Press
Release Date : 2016-12-01
The New Regulatory Framework For Consumer Dispute Resolution written by Pablo Cortés and has been published by Oxford University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2016-12-01 with Law categories.
Consumer out-of-court redress in the European Union is experiencing a significant transformation; indeed the current changes are the most important that have occurred in the history of the EU. This is due to the recent implementation of the Alternative Dispute Resolution (ADR) Directive 2013/11/EU and the Online Dispute Resolution (ODR) Regulation (EU) 2013/524. The Directive ensures the availability of quality ADR schemes and sets information obligations on businesses, and the Regulation enables the resolution of consumer disputes through a pan European ODR platform. The New Regulatory Framework for Consumer Dispute Resolution examines the impact of the new EU law in the field of consumer redress. Part I of the volume examines the new European legal framework and the main methods of consumer redress, including mediation, arbitration, and ombudsman schemes. Part II analyses the implementation of the ADR Directive in nine Member States with very different legal cultures in consumer redress, namely: Belgium, Ireland, Italy, Germany, France, Portugal, Spain, the Netherlands and the UK, as well as the distinct approach taken in the US. Part III evaluates new trends in consumer ADR (CDR) by identifying best practices and looking at future trends in the field. In particular, it offers a vision of the future of CDR which is more than a mere dispute resolution tool, it poses a model on dispute system design for CDR, it examines the challenges of cross-border disputes, it proposes a strategy to promote mediation, and it identifies good practices of CDR and collective redress. The book concludes by calling for the mandatory participation of traders in CDR.
Canadian Energy Policy And The Struggle For Sustainable Development
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Author : G. Bruce Doern
language : en
Publisher: University of Toronto Press
Release Date : 2005-01-01
Canadian Energy Policy And The Struggle For Sustainable Development written by G. Bruce Doern and has been published by University of Toronto Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2005-01-01 with Political Science categories.
In recent years, energy policy has been increasingly linked to concepts of sustainable development. In this timely collection, editor G. Bruce Doern presents an overview of Canadian energy policy, gathering together the top Canadian scholars in the field in an examination of the twenty-year period broadly benchmarked by energy liberalization and free trade in the mid-1980s, and by Canada's ratification of the Kyoto Protocol in 2002. The contributors examine issues including electricity restructuring in the wake of the August 2003 blackout, the implications of the Bush Administration's energy policies, energy security, northern pipelines and Aboriginal energy issues, provincial changes in energy policy, and overall federal-provincial changes in regulatory governance. They also demonstrate that, since per capita energy usage has actually increased in the past several years, sustainable development remains very much a struggle rather than an achievement. When the Kyoto Protocol and its requirements for reductions in greenhouse gas emissions are factored in, the Canadian record is especially dubious in basic energy terms. Canadian Energy Policy and the Struggle for Sustainable Development is key to understanding many of the issues in Canada's endeavour to live up to its energy-related environmental responsibilities.
Federal Energy Regulatory Commission Annual Report 2008
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Author :
language : en
Publisher: Government Printing Office
Release Date : 2009-03-17
Federal Energy Regulatory Commission Annual Report 2008 written by and has been published by Government Printing Office this book supported file pdf, txt, epub, kindle and other format this book has been release on 2009-03-17 with Business & Economics categories.
Each year the Commission publishes its Annual Report to Congress. The Annual Report is a separate Congressional requirement not required by the Government Performance and Results Act (GPRA). It gives information on the Commission's major activities for the most recently completed fiscal year. It reports on the major program areas, including accomplishments, goals, and new initiatives.
International Energy Law
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Author : Mohammad Naseem
language : en
Publisher: Kluwer Law International B.V.
Release Date : 2017-03-24
International Energy Law written by Mohammad Naseem and has been published by Kluwer Law International B.V. this book supported file pdf, txt, epub, kindle and other format this book has been release on 2017-03-24 with Law categories.
This book provides a systematic approach to legislation and legal practice concerning energy resources and production in International Energy Law. The book describes the broad international energy set up, administrative organization, regulatory framework, and relevant case law pertaining to the development, application, and use of such forms of energy as electricity, gas, petroleum, and coal, with attention as needed to the pervasive legal effects of competition law, environmental law and tax law. A general introduction covers the geography of energy resources, sources and basic principles of energy law, and the relevant governmental institutions. Then follows a detailed description of specific legislation and regulation affecting such factors as documentation, undertakings, facilities, storage, pricing, procurement and sales, transportation, transmission, distribution, and supply of each form of energy. Case law, intergovernmental cooperation agreements, and interactions with environmental, tax, and competition law are explained. Its succinct yet scholarly nature, as well as the practical quality of the information it provides, make this book a valuable resource for energy sector policymakers, negotiators, investors and energy firm counsel handling cases affecting International Energy Law. It will also be welcomed by researchers and academics for its contribution to the study of the complex field of energy law that has peculiar characteristics because of associated risks and rewards.
Arbitration In Argentina
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Author : Fabricio Fortese
language : en
Publisher: Kluwer Law International B.V.
Release Date : 2020-11-17
Arbitration In Argentina written by Fabricio Fortese and has been published by Kluwer Law International B.V. this book supported file pdf, txt, epub, kindle and other format this book has been release on 2020-11-17 with Law categories.
This publication is the most comprehensive international book on arbitration in Argentina. It provides a complete description and analysis of the historical and contemporary structure of arbitration law and practice in the country, which is based on the UNCITRAL Model Law. Its chapters are authored by many of the most regarded Argentine authorities, many of whom are responsible for drafting Argentina’s current arbitration regulation. Throughout its thirty-one chapters, the book covers an ample number of topics in commercial and investment arbitration, and an exhaustive analysis of arbitration in different specific fields (energy, sports, consumers, among others). Some of the topics addressed in this book include the following: regulatory framework of arbitration in Argentina; arbitration agreements; arbitral proceedings and the applicable law; issues of arbitrability; interim measures; costs and financing of arbitrations; validity, recognition and enforcement of awards; arbitration and the MERCOSUR. This publication also includes some particular studies, for example those related to the tensions between investment arbitration and human rights, as well as the relationship between the country and the ICC, and the PCA. Although mainly focused in Argentina, the discussions contained in several contributions exceed such geographical boundaries. Given that the law and practice of arbitration in Argentina has seen remarkable changes in recent decades, this book is an essential tool for arbitrators, judges, in-house counsels, global law firms, large- and medium-sized companies doing transnational business, interested academics, and international arbitration centres. Because this publication draws from the teachings and experience of leading academics and practitioners, arbitration specialists will find in it all the guidance needed to identify and assess the different theoretical and practical legal avenues available when working on arbitrations with a seat in Argentina or with an Argentine element.