Arbitration & Mediation in the Energy Industry
24-25 November 2008, Amsterdam

 

Day 1:

9.00 Start

Introduction to today's programme

Morning session:  International commercial arbitration

Graham Coop , Energy Charter Secretariat

  • Why international arbitration?  Comparison with other forms of dispute resolution
  • How disputes get to arbitration:  contractual clauses and special submissions
  • Types of arbitration:  ad hoc, institutional and supervised institutional arbitration
  • Different types of international and local arbitration rules
  • Pathological arbitration clauses
  • How arbitration works in practice:  jurisdiction, selection of the tribunal, procedural and substantive law
  • Fast-track arbitration and expert adjudication
  • Enforcement of awards:  the 1958 New York Convention and national law and practice

12.30 Lunch

Afternoon session:  International investment arbitration

Graham Coop , Energy Charter Secretariat 

  • Bilateral investment treaty arbitration
  • Energy Charter Treaty arbitration
  • Coverage under investment treaties: definition of investment and investor
  • Umbrella clauses
  • Mailbox companies and denial of advantages
  • Provisional application


17.00 End

19.00 Networking Dinner

Day 2

9.00 Start

Morning Session

Floor Touber, TC Energy Projects

  • Consequential losses
    Standard insurance policies covering loss of profits do not recognize the special characteristics of the energy trade. Adjusting the conditions or an area for arbitration?
  • Strategic alliances
    Some 70 % of managers worldwide prefer, in the light of the credit crunch, Strategic Alliances over Mergers & Acquisitions. Alliance contracts in energy often contain limited exit arrangements only and refer to standard arbitration. A dedicated approach is required
  • Pricing arrangements in contracts
    Oil indexation in gas contracts will remain a key issue. What arbitration clauses can be recognized and how could they be improved?

12.30 Lunch

Afternoon Session

Serena  Hesmondhalgh & Dan Harris, The Brattle Group

  • Deciding on the relevant type of analysis
    Much time and effort can be wasted in undertaking inappropriate or irrelevant analysis. How is it possible to determine the relevant types of analysis in an efficient way?
  • Measuring the impact of competition
    Standard techniques for measuring competition may have to be adapted to make sense in an energy context. Issues that will be explored include relevant markets (products and geography), stripping out the impact of temporary effects, and horizontal and vertical effects.
  • Benchmarking
    Benchmarking via netback or alternative fuel calculations is a well developed technique for determining value in disputes involving energy markets but there are many factors that need to be taken into account when performing these calculations
  • Calculating damages
    An integral but complex part of many energy disputes is the calculation of damages. We will consider how these should be measured for three typical types of cases: project cancellations, interruptions to energy extraction and the value of developed versus undeveloped reserves.

17.00 End

 

 

 

 

 

 


 

 

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