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Causes of Energy Disputes – both past and future
The results of the survey mirror to a large extent the geopolitical picture at the time of publication. This has influenced respondents’ views on the most likely causes of energy disputes, with the biggest change in the short to medium term expected to be a significant increase in disputes caused by the price volatility of raw materials and energy. In this regard, while only 14% of respondents saw it as the main cause over the past five years, 28% of respondents see price volatility as being...
Impact of the energy transition
The transition to cleaner sources of energy is also at the forefront of respondents’ agendas. Disputes relating to the energy transition are anticipated to arise significantly in the short to medium term. This may translate into forcing counterparties to grapple with the design and delivery of new technologies, with new players potentially entering the energy market, making it difficult for parties properly to allocate contractual risk, thereby increasing the likelihood of disputes occurring....
Security of energy supply is seen as an increasing concern
Respondents also noted that energy supply and security issues triggered by Russia’s invasion of Ukraine may likely set back the timeframe for the global energy transition, leading to the re-start of previously abandoned fossil fuel projects and postponing the onset of energy transition disputes into the longer term. Changes to the investment environment and regulatory framework aimed at alleviating this in the short term may also lead to disputes between foreign investors and host States in t...
The research for this study was conducted from May to October 2022 by Jason Czerwiec, J.D. and LLM, Pinsent Masons Research Fellow in International Arbitration at the School of International Arbitration, Queen Mary University of London, together with Professor Loukas Mistelis, Clive M Schmitthoff Professor of Transnational Commercial Law and Arbitr...
Further information can be obtained from: Loukas Mistelis Clive M Schmitthoff Professor of Transnational Commercial Law and Arbitration School of International Arbitration Centre for Commercial Law Studies Queen Mary University of London Tel: +44 20 7882 8075 Email: l.mistelis@qmul.ac.uk
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International Arbitration: Current choices and future adaptations. International arbitration is the preferred method of resolving cross-border disputes for 90% of respondents, either on a stand-alone basis (31%) or in conjunction with ADR (59%).
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One of the three largest of the colleges of the University of London, Queen Mary’s 3,000 staff deliver world-class degree programmes and research across a wide range of subjects in Humanities, Social Sciences and Laws; in Medicine and Dentistry; and in Science and Engineering. Research Assessment Exercise 2008 Queen Mary, University of London
