Energy arbitration

Energy arbitration

This Overview provides links to practical guidance content on arbitration of disputes in the energy sector. Note that this subtopic does not contain all content relevant to the resolution of energy disputes or energy arbitration, which can be found in the wider content set in the Arbitration and Energy modules.

An introduction to arbitration in the energy sector

This Practice Note provides an introduction to the use of arbitration in the energy sector. It considers: why arbitration is generally the preferred method to resolve disputes in this sector; the types of arbitration typically used to resolve energy disputes; and, some of the notable features of energy arbitrations. For further information, see Practice Note: Arbitration in the energy sector—an introduction.

Starting a claim in an energy dispute—a practical guide

This Practice

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Latest Arbitration News

Brazilian Court sets scope of arbitrator disclosure duty (U. R. V. Ltda v C. de P. de C.)

Arbitration analysis: The São Paulo State Appellate Court vacated an arbitral award on the grounds of lack of sufficient disclosure by one of the arbitrators. The decision presents multiple topics, but the discussion on the effects of lack of disclosure will probably produce more immediate impact on Brazilian practice. It held that an arbitrator's failure to disclose ongoing and significant professional relationships with counsel of one party undermined confidence in impartiality, warranting nullification of the award. This decision underscores the delicate balance between ensuring transparency and avoiding disclosure overload. The case prompts consideration on whether Brazil's arbitration regime requires additional legislative intervention or refined institutional practices to guide arbitrators and parties. Written by Martim Della Valle (partner at Marchini, Botelho, Caselta, Della Valle Advogados) and Felipe Sartório de Melo (arbitration counsel at Marchini, Botelho, Caselta, Della Valle Advogados).

CRCICA announces leadership transition: Director's tenure extended and successor elected

The Cairo Regional Centre for International Commercial Arbitration (CRCICA) has announced a significant leadership transition. In a Board of Trustees meeting on 11 December 2024, Dr. Ismail Selim's tenure as Director was extended by one year, concluding on 31 December 2025. Concurrently, Dr. Dalia Hussein was elected as his successor, set to assume the role on 1 January 2026 for a four-year term. Dr. Hussein, with over two decades of experience in international arbitration and dispute resolution, including ten years at CRCICA, has been recognised for her impartiality, strategic vision, and commitment to excellence.

ILC publishes report on Compliance with Investment Treaty Arbitration Awards

The International Law Compliance (ILC) has published the report on Compliance with Investment Treaty Arbitration Awards 2024 3rd edition. The report includes the latest data from the United Nations Conference on Trade and Development (UNCTAD) which reveals a significant increase in investor-state dispute settlement (ISDS) cases, with 1,332 known treaty-based arbitrations to date. Of the 958 concluded cases, 37.7% were decided in favour of respondent states. The report highlights Spain's position as the world leader in unpaid arbitration awards, with 24 outstanding, surpassing Venezuela and Russia. Spain also tops the list of Energy Charter Treaty disputes with 52 initiated cases.

English court declares Arbitral Tribunal has no jurisdiction to hear dispute (Barclays Bank plc v VEB)

Arbitration analysis: In the first of two separate judgments, the London Circuit Commercial Court (LCCC) found that it was able to determine whether an arbitral tribunal had jurisdiction to hear a dispute under an arbitration agreement, under section 32(2) of the Arbitration Act 1996 (AA 1996). In the second judgment, the court granted a declaration sought by Barclays Bank plc (Barclays) that an arbitral tribunal had no jurisdiction to hear a claim brought by VEB.RF (VEB) under a currency swap agreement. This declaration was made in circumstances where Barclays had validly served a notice on VEB pursuant to the terms of an arbitration agreement, requiring VEB's claim to be heard by the English courts. Written by Tatiana Minaeva, partner, and Ana Margetts, associate, at Reynolds Porter Chamberlain LLP.