MSc in Energy Law, Business, Regulation and Policy > Alternative Dispute Resolution in the Energy Sector

Alternative Dispute Resolution in the Energy Sector

Teaching hours and credit allocation: 30 hours, 6 credits
Course assessment: exams

Aims

Stakeholders in the energy sector have discovered that alternative dispute resolution (ADR) may offer distinct advantages over traditional litigation in a wide variety of matters. The aim of this course is to familiarise students with the general principles underpinning modern systems of ADR. Students will be introduced to the most important methods of alternative dispute resolution in theory and in practice in order to be able to elaborate on their strengths and weaknesses within law. Basic concepts, as well as more detailed aspects of the arbitration and mediation procedure of energy disputes, will be examined. The course also covers dispute resolution under the Energy Charter Treaty and focuses on important energy disputes (e.g. Saudi Arabia v Arabian American Oil Co (ARAMCO), various Yukos cases etc.).

Learning outcomes

On completing the course, students are expected to be able to:

  • Understand the possibility of resolving energy disputes outside a national court system;
  • Analyse, interpret and apply recent legislation dealing with ADR in the energy sector;
  • Understand the procedural framework for the settlement of energy disputes;
  • Critically study the foundations, rules and doctrines of arbitration, mediation & ADR in general;
  • Elaborate on the distinct advantages of ADR over traditional litigation and select an appropriate ADR approach;
  • Prepare effective agreements to use ADR;
  • Understand the role of ad hoc and institutional arbitration as a means to solve disputes in the energy sector;
  • Specifically focus on investment arbitration under the Energy Charter Treaty.

Content

  • Legal nature of Energy Disputes
  • Fundamental principles of Alternative Dispute Resolution
  • Foundations, rules and doctrines of Arbitration, Mediation & ADR in general
  • Ad hoc and institutional arbitration as a means to solve energy disputes
  • Mediation in the Energy Sector
  • Procedural issues of Energy Arbitration
  • Energy Charter Treaty
  • Relevant case law