In the first in our series on JOA issues, we discuss the recent Stabroek JOA Arbitration decision and what it means for JOA parties considering their own JOA Change in Control provisions. Chevron Corporation’s (“Chevron”)...more
8/1/2025
/ Acquisitions ,
Arbitration ,
Change in Control ,
Contract Terms ,
Dispute Resolution ,
Energy Sector ,
Joint Operating Agreement ,
Joint Venture ,
Merger Agreements ,
Mergers ,
Oil & Gas ,
Right of First Refusal
Disputes dominated the energy landscape in 2024, with the energy industry facing complex and sometimes contradictory challenges. As the world continues to grapple with the energy transition, energy security, global policy...more
The International Court of Justice has been asked to issue an advisory opinion on this question, and is currently hearing submissions from States, NGOs and international organisations. The International Court of Justice...more
Two ICSID tribunals have recently upheld Spain’s intra-European Union (EU) jurisdictional objections in two arbitrations pursuant to the Energy Charter Treaty (“ECT”). Both cases arise out of Spain’s decision to modify its...more
Japanese heavy-industries companies that typically act as contractors or suppliers on projects are increasingly invited to contribute as equity investors in the projects they construct or supply major equipment to, thereby...more
11/14/2023
/ Conflicts of Interest ,
Construction Industry ,
Construction Project ,
Contract Terms ,
Contractors ,
Dispute Resolution ,
Engineering ,
Equity Investors ,
General Contractors ,
Heavy Equipment ,
Investors ,
Japan ,
Lenders ,
Operation & Maintenance ,
Ownership Rules ,
Performance Standards ,
Procurement Guidelines ,
Project Finance ,
Public Private Partnerships (P3s) ,
Supply Chain
The UK has announced that it will review its membership of the Energy Charter Treaty (the “ECT” or “Treaty”) if there is no agreement on modernisation by November 2023. This announcement comes after a second vote on...more
On 6 September 2023, the Law Commission of England and Wales published its final report recommending some limited reforms to the Arbitration Act 1996 (“the Arbitration Act”).1 This final report follows a lengthy review...more
On 2 March 2023, the UK Ministry of Justice (“MoJ”) announced its decision to join the Singapore Convention on Mediation.
The United Nations Convention on International Settlement Agreements Resulting from Mediation (or...more
The English Court of Appeal has provided guidance on how the UK’s Paris Agreement commitments impact certain investment decisions.
The Court rejected an application by Friends of the Earth (“FoE”) for judicial review of...more
On 22 November 2022, the Energy Charter Conference is expected to vote on the proposed modernisation of the Energy Charter Treaty (the “ECT” or the “Treaty”), following an agreement in principle reached on 24 June 2022, after...more
In a judgment handed down on 2 September 2021,1 the European Court of Justice (“ECJ”) finally ruled that the investor-state arbitration clause, at Article 26 of the Energy Charter Treaty (“ECT”), does not apply to intra-EU...more