Arbitration Masterclass – Energy Disputes | 4 February 2025
Disputes arising from construction/ engineering and energy traditionally generate the largest number of ICC court cases, together accounting for approximately 45% of cases a year.
Modern energy projects are frequently high-value and high-risk. With the momentous transition from fossil fuels to renewable energy there has been an inevitable increase in the number of disputes due to the scale and complexity of projects. This, coupled with an unstable geopolitical landscape, has led to a challenging time for those involved in energy dispute resolution.
This masterclass will examine the current state of play and will explore likely future trends.
Registration
Welcome
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Guy Pendell, Chair, Arbitration & ADR Committee, ICC United Kingdom
Craig Tevendale, Partner, Herbert Smith Freehills
The role of arbitral institutions in the energy transition
The energy transition is triggering policy changes globally. It is demanding significant investments in new and upgraded technologies, rapid introduction of new products into the market, tremendous growth in renewables capacity additions and the accelerated execution of large and complex energy projects globally. The transition away from fossil fuel is likely to lead to the retirement of fossil fuel infrastructure and stranded assets. And all this within a compressed period of time. These changes carry an inherent risk of an increasing number of commercial disputes, which could impact the energy transition and delay the path to net-zero. From the perspective of international commercial dispute resolution, it raises the question of whether this is business as usual where the system is well equipped to take on any such challenge or whether this is a moment for reflection.
Kai-Uwe Karl, Global Chief Litigation Counsel, GE
Volatility in energy markets
The energy sector is witnessing unprecedented volatility in oil and gas prices and significant fluctuations in global supply and demand. These pressures are causing parties to reconsider their contractual obligations, with particular attention being paid to price-reopener, force majeure and hardship provisions, as well as opportunities for wilful breach and/or early termination. Companies that have historically focused exclusively on traditional energy sources are now diversifying into the renewables sector including nuclear, and with that comes a new era of disputes.
Panellists:
• Emma Johnson, Partner, Ashurst
• Freshfields (tbc)
Coffee break
Recent developments in mediation – what role does it have on energy transition?
This session will explore how mediation can be effectively deployed by participants from all sectors in the energy transition.
Our speaker will discuss:
• Current advancements in the world of mediation, including the Singapore Convention and its ratification by global players.
• The types of disputes that can arise in the energy transition and how mediation can be used to resolve them.
• Best practice to ensure the effective use of mediation
Raeesa Rawal, Of Counsel, Herbert Smith Freehills
Renewables disputes: Looking over the horizon
Renewables Disputes’ were the ‘hot topic’ for panel discussions in 2023. But what have we learnt from the renewables disputes experience so far and, more importantly, what can we expect in the years to come? This panel discussion will highlight recent trends and will look towards the future.
Panellists:
• Nicholas Gould, Partner, Fenwick Elliott
Closing remarks
Networking drinks