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International Arbitration in the Energy Sector

Edited by Maxi Scherer

Abstract

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. This book 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. 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 Chapter 1, the book delves into a detailed analysis of the problems which regularly arise in practice. These include, among other things, commercial disputes, investor-state disputes, and public international law disputes. 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, the book offers a unique contribution to international energy literature and provides insightful commentary on the prevalent issues in the field.

Bibliographic Information

Maxi Scherer, editor


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Contents