The energy industry is a significant player in the international dispute resolution sphere, spanning across investor-state, public international law, commercial and construction related disputes. The course seeks to equip students with a broad understanding of issues relating to energy contracts and disputes, from both a substantive and practical perspective, viewed through the lifecycle of typical energy projects. This course will therefore be highly relevant to both aspiring transactional and dispute resolution lawyers, and qualifies as a capstone course for the Dispute Resolution track at the School of Law. Participants will be introduced to the key features of energy projects and investments, the parties involved, and some of the unique characteristics of disputes arising in the energy sector.
On disputes, the course also involves a study of both commercial and investor-state arbitration, investment protection treaties and instruments in the energy sector, and related case law in international arbitration arising therefrom. Participants will then gain an understanding of the various strategic considerations on handling cross-border energy disputes, including how to prevent them from the outset, and managing a dispute across each stage of the dispute resolution process. The course will involve leading practitioners who will share practical perspectives on the intersection between commercial and legal considerations. Participants will apply their knowledge through class presentations and group discussions.
By the end of the course, students should be able to:
- Understand and explain the structure and lifecycle of typical energy projects and investments, including the key parties, contractual arrangements, and risk allocation mechanisms that give rise to disputes.
- Distinguish the substantive and procedural features of different forms of dispute resolution, including negotiation, mediation and arbitration as they arise in the energy sector.
- Analyze key investment protection treaties and instruments applicable to energy investments, and critically evaluate relevant case law arising from investor-state disputes in the sector.
- Develop and evaluate strategies for preventing and managing cross-border energy disputes at each stage of the dispute resolution process, from contract drafting through enforcement.
- Apply their knowledge to realistic energy dispute scenarios through class presentations, group discussions and the final assignment