Arbitration And Dispute Resolution In The Resources Sector
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Arbitration And Dispute Resolution In The Resources Sector
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Author : Gabriël A. Moens
language : en
Publisher: Springer
Release Date : 2015-05-18
Arbitration And Dispute Resolution In The Resources Sector written by Gabriël A. Moens and has been published by Springer this book supported file pdf, txt, epub, kindle and other format this book has been release on 2015-05-18 with Law categories.
This book provides a comprehensive Australian perspective on the resolution of resources disputes. In particular, it focuses on the use of arbitration, mediation and adjudication in the resources sector. It concentrates on arbitration as the preferred method of dispute resolution, including international commercial and investor-state arbitration. The book offers fascinating insights into the use of arbitration to investment disputes involving resources companies in the African OHADA countries, Australia and other countries. It offers an Australian perspective which will be useful to discerning arbitration scholars and dispute resolvers. In addition, the book provides useful information on how to draft arbitration clauses for resources sector contracts. This publication will be of interest to members of the academic research community and will also appeal to dispute resolution professionals and practitioners.
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 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
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Author : Gloria M. Alvarez
language : en
Publisher: Kluwer Law International B.V.
Release Date : 2021-04-08
International Arbitration In Latin America written by Gloria M. Alvarez 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 2021-04-08 with Law categories.
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.
Social License And Dispute Resolution In The Extractive Industries
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Author : Cory H. Kent
language : en
Publisher: BRILL
Release Date : 2021-03-01
Social License And Dispute Resolution In The Extractive Industries written by Cory H. Kent and has been published by BRILL this book supported file pdf, txt, epub, kindle and other format this book has been release on 2021-03-01 with Law categories.
Social License and Dispute Resolution in the Extractive Industries is a broad collection offering insights from both renowned academics and practitioners on the intersection of international dispute resolution and the social license to operate in the extractive industries.
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.
Dispute Resolution In Australia
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Author : David Spencer
language : en
Publisher:
Release Date : 2014
Dispute Resolution In Australia written by David Spencer and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2014 with Arbitration and award categories.
Annotation. This third edition of DISPUTE RESOLUTION IN AUSTRALIA: CASES, COMMENTARY AND MATERIALS highlights the consolidation of the process of dispute management and resolution, particularly in the government sector. We are now seeing the full impact of government changes to the handling of civil disputation, with the establishment and fusing of specialist tribunals and commissions. The result of the creation of these extra-judicial bodies has been a reduction in some jurisdictions of matters proceeding to trial. The interesting side-effect of this development is the rise of dispute resolution processes within these specialist tribunals and commissions that seek resolution of disputes in order to avoid hearings. This new edition brings the law up to date and features: A new chapter on conflict coaching; A re-written chapter on the key elements of arbitral procedures and the common law surrounding arbitral practice featuring the new uniform commercial arbitration Acts the new uniform commercial arbitration Acts; A new chapter on dispute resolution and the criminal law system; A new chapter on dispute resolution and industrial relations. DISPUTE RESOLUTION IN AUSTRALIA: CASES, COMMENTARY AND MATERIALS, third edition is an invaluable resource for both students and practitioners, providing practical guidance and analysis in this dynamic area of the law.
International Arbitration In The Energy Sector
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Author : Maxi Scherer
language : en
Publisher: Oxford University Press, USA
Release Date : 2018-02-22
International Arbitration In The Energy Sector written by Maxi Scherer and has been published by Oxford University Press, USA this book supported file pdf, txt, epub, kindle and other format this book has been release on 2018-02-22 with Law categories.
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.
New Frontiers In Asia Pacific International Arbitration And Dispute Resolution
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Author : Shahla Ali
language : en
Publisher: Kluwer Law International B.V.
Release Date : 2020-12-10
New Frontiers In Asia Pacific International Arbitration And Dispute Resolution written by Shahla Ali 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 2020-12-10 with Law categories.
International Arbitration Law Library Volume 59 The eastward shift in international dispute resolution has already involved initiatives not only to improve support for international commercial arbitration (ICA) and investor-state dispute settlement (ISDS) but also to develop alternatives such as international commercial courts and mediation. Focusing on these initiatives and their accompanying case law and trends in the Asia-Pacific region, this invaluable book challenges existing procedures and frameworks for cross-border dispute resolution in both commercial and treaty arbitration. Specially assembled for this project, an outstanding team of experienced and insightful arbitrators and scholars describes pertinent developments including: ICA and ISDS in the context of China’s Belt and Road Initiative; the Singapore Convention on Mediation; the shift to virtual hearings and other challenges from the COVID-19 pandemic; mistrust of the application of the rule of law in certain East Asian jurisdictions; growing public concern over ISDS arbitration; tensions between confidentiality and transparency; and potential regional harmonisation of the public policy exception to arbitral enforcement. The contributors chart evolving practices and high-profile cases to make informed observations about where changes are needed, as well as educated guesses about the chances of reforms being successful and the consequences if they are not. The main jurisdictions covered are China, Hong Kong, Japan, Malaysia, India, Australia and Singapore. The first in-depth study of recent trends in dispute resolution practice related to business in the Asia-Pacific region, the book’s practical analysis of new resources for dealing with the increasing competition among countries to become credible regional dispute resolution hubs will prove to be of great value to specialists in the international business law sector. Lawyers will be enabled to make informed decisions on which venue and dispute resolution methods are the most suitable for any specific dispute in the region, and policymakers will confidently assess emerging trends in international dispute resolution policy development and treaty-making.
Arbitration Of International Mining Disputes
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Author : Henry G. Burnett
language : en
Publisher: Oxford International Arbitrati
Release Date : 2017
Arbitration Of International Mining Disputes written by Henry G. Burnett and has been published by Oxford International Arbitrati this book supported file pdf, txt, epub, kindle and other format this book has been release on 2017 with Law categories.
I. Host states, mining companies, and mining projects -- II. Key risks and disputes associated with international mining projects -- III. Practice and procedure -- IV. Law and applicable principles.
Dispute Resolution In Australia
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Author : Hilary Astor
language : en
Publisher: Butterworth-Heinemann
Release Date : 2002
Dispute Resolution In Australia written by Hilary Astor and has been published by Butterworth-Heinemann this book supported file pdf, txt, epub, kindle and other format this book has been release on 2002 with Compromise (Law) categories.
The 2nd edition of this book provides an accessible, coherent and critical treatment of dispute resolution in Australia, and been restructured to take account of the considerable changes in alternative dispute resolution (ADR). Throughout the book, dispute resolution methods are considered in a theoretical, critical and evaluative light. A range of ADR processes across a spectrum of applications is considered, with special attention given to commercial, family, discrimination and international disputes. Insights drawn from domestic and international contexts are combined in a unique way throughout the book. While having a predominantly Australian focus, appropriate comparisons from other jurisdictions are frequently made. The book locates debates surrounding ADR in the context of the politics of gender and other aspects of identity, while examining the influences of other contemporary legal theories on ADR. It considers ADR in both its social and political contexts. This book will be useful to scholars of ADR, as well as lawyers, policy-makers, practitioners and students of dispute resolution.