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Energy sector disputes: All you needed to know
Apr 03:
Disputes in the oil & gas sector is a big concern for potential investors.
Here are a series of answers to questions that every investor would like to know:
8What rules govern contractual interpretation in (non-consumer) contracts in general? Do these rules apply to energy contracts?
8Are concepts of force majeure, commercial impracticability or frustration, or other concepts that would excuse performance during periods of commodity price or supply volatility, recognised in your jurisdiction?
8What are the rules on claims of nuisance to obstruct energy development? May operators be subject to nuisance and negligence claims from third parties?
8How may parties limit remedies by agreement?
8Is strict liability applicable for damage resulting from any activities in the energy sector?
8How do courts in your jurisdiction resolve competing clauses in multiple contracts relating to a single transaction, lease, licence or concession, with respect to choice of forum, choice of law or mode of dispute resolution?
8Are stepped and split dispute clauses common? Are they enforceable under the law of your jurisdiction?
8How is expert evidence used in your courts? What are the rules on engagement and use of experts?
8What interim and emergency relief may a court in your jurisdiction grant for energy disputes?
8What is the enforcement process for foreign judgments and foreign arbitral awards in energy disputes in your jurisdiction?
8How is expert evidence used in your courts? What are the rules on engagement and use of experts?
8What interim and emergency relief may a court in your jurisdiction grant for energy disputes?
8What is the enforcement process for foreign judgments and foreign arbitral awards in energy disputes in your jurisdiction?
8Are there any arbitration institutions that specifically administer energy disputes in your jurisdiction?
8Is there any general preference for litigation over arbitration or vice versa in the energy sector in your jurisdiction?
8Are statements made in settlement discussions (including mediation) confidential, discoverable or without prejudice?
8Are there any data protection, trade secret or other privacy issues for the purposes of e-disclosure/e-discovery in a proceeding?
8What are the rules in your jurisdiction regarding attorney–client privilege and work product privileges?
8Must some energy disputes, as a matter of jurisdiction, first be heard before an administrative agency?
8Do new entrants to the market have rights to access infrastructure? If so, may the regulator intervene to facilitate access?
8What is the legal and regulatory position on hydraulic fracturing in your jurisdiction?
8Describe any legal or regulatory barriers to entry for foreign companies looking to participate in energy development in your jurisdiction.
8What criminal, health and safety, and environmental liability do companies in the energy sector most commonly face, and what are the associated penalties?
8Describe any statutory or regulatory protection for indigenous groups.
8Describe any actual or anticipated sovereign boundary disputes involving your jurisdiction that could affect the energy sector.
8Is your jurisdiction party to the Energy Charter Treaty or any other energy treaty?
8Describe any available measures for protecting investors in the energy industry in your jurisdiction.
8Describe any legal standards or best practices regarding cybersecurity relevant to the energy industry in your jurisdiction, including those related to the applicable standard of care.
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Here are a series of answers to questions that every investor would like to know:
8What rules govern contractual interpretation in (non-consumer) contracts in general? Do these rules apply to energy contracts?
8Are concepts of force majeure, commercial impracticability or frustration, or other concepts that would excuse performance during periods of commodity price or supply volatility, recognised in your jurisdiction?
8What are the rules on claims of nuisance to obstruct energy development? May operators be subject to nuisance and negligence claims from third parties?
8How may parties limit remedies by agreement?
8Is strict liability applicable for damage resulting from any activities in the energy sector?
8How do courts in your jurisdiction resolve competing clauses in multiple contracts relating to a single transaction, lease, licence or concession, with respect to choice of forum, choice of law or mode of dispute resolution?
8Are stepped and split dispute clauses common? Are they enforceable under the law of your jurisdiction?
8How is expert evidence used in your courts? What are the rules on engagement and use of experts?
8What interim and emergency relief may a court in your jurisdiction grant for energy disputes?
8What is the enforcement process for foreign judgments and foreign arbitral awards in energy disputes in your jurisdiction?
8How is expert evidence used in your courts? What are the rules on engagement and use of experts?
8What interim and emergency relief may a court in your jurisdiction grant for energy disputes?
8What is the enforcement process for foreign judgments and foreign arbitral awards in energy disputes in your jurisdiction?
8Are there any arbitration institutions that specifically administer energy disputes in your jurisdiction?
8Is there any general preference for litigation over arbitration or vice versa in the energy sector in your jurisdiction?
8Are statements made in settlement discussions (including mediation) confidential, discoverable or without prejudice?
8Are there any data protection, trade secret or other privacy issues for the purposes of e-disclosure/e-discovery in a proceeding?
8What are the rules in your jurisdiction regarding attorney–client privilege and work product privileges?
8Must some energy disputes, as a matter of jurisdiction, first be heard before an administrative agency?
8Do new entrants to the market have rights to access infrastructure? If so, may the regulator intervene to facilitate access?
8What is the legal and regulatory position on hydraulic fracturing in your jurisdiction?
8Describe any legal or regulatory barriers to entry for foreign companies looking to participate in energy development in your jurisdiction.
8What criminal, health and safety, and environmental liability do companies in the energy sector most commonly face, and what are the associated penalties?
8Describe any statutory or regulatory protection for indigenous groups.
8Describe any actual or anticipated sovereign boundary disputes involving your jurisdiction that could affect the energy sector.
8Is your jurisdiction party to the Energy Charter Treaty or any other energy treaty?
8Describe any available measures for protecting investors in the energy industry in your jurisdiction.
8Describe any legal standards or best practices regarding cybersecurity relevant to the energy industry in your jurisdiction, including those related to the applicable standard of care.
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