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Dispute resolution in international petroleum transactions
Arbitration and ADR in Oil and Gas Investment Disputes
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This work seeks to explore the framework within which oil and gas investment disputes are resolved. In order to gain a sound understanding of such a dispute resolution process, it is imperative to apprehend the contractual mechanisms available to investors for the purpose of stabilizing their investment, as well as the foreign investor protection framework which has evolved under international investment treaties.
The first chapter of this work analyzes the significance of natural resources, the concept of “resource nationalism” and the particularities of the oil and gas industry. The second chapter deals with the concept and particular characteristics of State contracts, outlines the main types thereof and explores the concept and significance of model contracts. The third chapter seeks to analyze the concepts of lex mercatoria and lex petrolea. The concept of “dispute”, dispute categorization and common dispute triggers are dealt with in the fourth chapter.
As already mentioned, the stabilization of the investment framework is crucial to investors. A main way of achieving this is by stabilizing the investment contract itself through the inclusion of so-called contractual “stabilization clauses”. Moreover, investors will typically attempt to include provisions in order to “internationalize” the State contract. The above are examined in the fifth chapter. Apart from the State contract itself, significant foreign investor protection is offered under the framework of international investment treaties, which is examined in the sixth chapter of this work.
The seventh chapter focuses on investment arbitration under the ICSID framework, as well as international commercial arbitration pursuant to the ICC and UNCITRAL Rules and the eighth chapter analyzes the interrelation between treaty claims and contract claims in the context of investment arbitration. The ninth chapter presents alternative dispute resolution mechanisms, in particular conciliation of investment disputes and investment mediation. The final chapter of this work is concerned with what seems to be an ever-increasing need for reform of the international ISDS framework.
The first chapter of this work analyzes the significance of natural resources, the concept of “resource nationalism” and the particularities of the oil and gas industry. The second chapter deals with the concept and particular characteristics of State contracts, outlines the main types thereof and explores the concept and significance of model contracts. The third chapter seeks to analyze the concepts of lex mercatoria and lex petrolea. The concept of “dispute”, dispute categorization and common dispute triggers are dealt with in the fourth chapter.
As already mentioned, the stabilization of the investment framework is crucial to investors. A main way of achieving this is by stabilizing the investment contract itself through the inclusion of so-called contractual “stabilization clauses”. Moreover, investors will typically attempt to include provisions in order to “internationalize” the State contract. The above are examined in the fifth chapter. Apart from the State contract itself, significant foreign investor protection is offered under the framework of international investment treaties, which is examined in the sixth chapter of this work.
The seventh chapter focuses on investment arbitration under the ICSID framework, as well as international commercial arbitration pursuant to the ICC and UNCITRAL Rules and the eighth chapter analyzes the interrelation between treaty claims and contract claims in the context of investment arbitration. The ninth chapter presents alternative dispute resolution mechanisms, in particular conciliation of investment disputes and investment mediation. The final chapter of this work is concerned with what seems to be an ever-increasing need for reform of the international ISDS framework.
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