International arbitration report

Publication | October 2018 - Issue 11
International arbitration report

Welcome to issue 11 of Norton Rose Fulbright’s International Arbitration Report.

In this issue we focus on the energy sector. We review global arbitration trends in the energy sector, including both commercial and investor-state disputes. We also take a look at the latest statistics and developments in Energy Charter Treaty disputes. In our Q&A, we speak to the Secretary General of the ECT Secretariat to gain his thoughts on the Energy Charter Treaty.

With liquefied natural gas (LNG) becoming an increasingly important part of the global energy mix, we look at disputes that can arise through the life of a LNG construction project. We also analyze the history of LNG price review arbitrations and ask whether these have run their course.

The transportation of energy supplies around the globe is another key area for energy disputes. Our shipping arbitration specialists consider the principal areas where issues may arise in the transportation of petroleum by sea. We also consider Belt and Road Initiative disputes, analyzing one of the largest infrastructure and investment projects in history.

Disruptive technological innovation continues to be the topic du jour for the energy sector. Our disputes specialists consider how emerging technologies are dramatically changing the sector, and the opportunities as well as the novel risk profile such innovations bring.

Another area of disruption to the sector is climate risk. Climate related disputes are now a reality for states and industry actors. We look at whether arbitration has a role in resolving such disputes. In our global round-up, we offer an overview of new arbitral rules and recent arbitral developments across the globe.

In our inaugural op-ed piece, “Arbitrator’s Corner”, Pierre Bienvenu, global co-head of our international arbitration practice, discusses arbitrators’ duties of impartiality and independence, the importance of full disclosure and the need for arbitrators faced with a challenge to show restraint in commenting on the challenge.

Inside this issue

Discussing the Energy Charter Treaty – Q&A with Dr Urban Rusnák, Secretary-General, Energy Charter Treaty Secretariat

We interview the Secretary-General of the ECT Secretariat to gain his thoughts on the Energy Charter Treaty.

October 2018

Global overview of dispute trends in the energy sector

A review of global arbitration trends in the energy sector, including commercial and investor-state disputes.

October 2018

Investment disputes in the energy sector – A bipolar world

An analysis of patterns and trends in investment disputes involving the energy sector.

October 2018

Energy Charter Treaty disputes – Recent statistics and developments

The latest statistics and developments in Energy Charter Treaty disputes.

October 2018

Climate-related disputes – Adaptation and innovation

Climate-related disputes are a reality for states and industry. We look at the role for arbitration in resolving such disputes.

October 2018

LNG construction arbitration – From the beginning to the end

A review of risks and disputes that can arise through the life of a LNG construction project.

October 2018

The transformation of the global gas industry – Is this the end for price review arbitrations?

We look at the history of LNG price review arbitrations and consider the outlook for the future.

October 2018

Belt and Road Initiative disputes – Bumps in the road?

An analysis of one of the largest infrastructure and investment projects in history.

October 2018

Tanker disputes – Plain sailing?

A review of the principal areas where issues may arise in the transportation of petroleum by sea.

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Energy, technology and arbitration – The latest buzz

Emerging technologies are dramatically changing the energy sector; we consider the opportunities and the novel risk profile such innovations bring.

October 2018

Sanctions, arbitration and the energy industry – The heat is on

An analysis of how the energy sector navigates the ever changing regulatory landscape.

October 2018

A global round-up – Developments in international arbitration rules and laws

An overview of new arbitral rules, arbitration laws and other developments across the globe.

October 2018

Arbitrator’s Corner – Pierre Bienvenu talks disclosure, challenges and neutrality

In our inaugural “Arbitrator’s Corner”, Pierre Bienvenu discusses arbitrators’ duties of impartiality and independence, and dealing with challenges.

October 2018


Contacts