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Author: Mark Levy
Publisher: Globe Law and Business Limited
ISBN: 9781905783779
Category : Arbitration and award
Languages : en
Pages : 0
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Book Description
This new title, published in association with the International Bar Association, draws together leading practitioners from a wide range of countries who together provide detailed analysis on the provisions in their jurisdiction for cash pooling and insolvency. Each chapter follows the same template for ease of reference and topics featured include specific legal requirements from various perspectives, the liability of company directors, banking requirements, regulatory requirements and tax.
Author: Mark Levy
Publisher: Globe Law and Business Limited
ISBN: 9781905783779
Category : Arbitration and award
Languages : en
Pages : 0
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Book Description
This new title, published in association with the International Bar Association, draws together leading practitioners from a wide range of countries who together provide detailed analysis on the provisions in their jurisdiction for cash pooling and insolvency. Each chapter follows the same template for ease of reference and topics featured include specific legal requirements from various perspectives, the liability of company directors, banking requirements, regulatory requirements and tax.
Author: James Freeman
Publisher:
ISBN: 9781787421929
Category : Business & Economics
Languages : en
Pages : 261
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Book Description
This practical new edition contains contributions from leading international arbitration practitioners and arbitrators in the field, in-house counsel and industry experts and covers the various stages of a gas pricing dispute, from drafting the clause to triggering a review, all the way through the various stages of the arbitral process. It also builds on the first edition by containing insights into more substantive topics such as hub indexation, the impact on pricing of non-price terms like destination flexibility, and the differences between gas and LNG price reviews.
Author: John William Rowley
Publisher:
ISBN: 9781838628789
Category : Energy development
Languages : en
Pages : 0
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Book Description
Author: Morgan Watkins
Publisher:
ISBN:
Category :
Languages : en
Pages : 65
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Book Description
This paper examines the use of arbitration for resolving disputes about price formulae in contracts regarding long-term gas supply agreements. Arbitration is preferred because it results in binding awards enforceable under the New York Convention. However, arbitrators frequently treat the dispute as adversarial and put significant weight on the technical language of reopener clauses. A closer look at the nature of gas price disputes and their contractual underpinnings suggests that standard arbitral process and values are inappropriate. Reopener clauses are tools of co-operation designed to preserve the original bargain over a long period of time. They are typically drafted in a context of significant uncertainty about future economic trends and neither of the parties are at fault for failing to agree how to apply their contract to the facts surrounding a price review. Another process is needed which emphasises the distinctive nature of gas price arbitration. A possible solution arises in the form of "conciliation-arbitration". Conciliation- arbitration is a process where arbitrators deliberately attempt to encourage settlement through informal evaluation of the dispute, and only use standard adversarial processes if parties still fail to reach settlement. Conciliation- arbitration poses nominal ethical risks that are managed by giving parties the power to opt out at the end of the conciliatory stage. Not every arbitral regime will permit use of this process but the decision should be one for the parties to make.
Author:
Publisher:
ISBN: 9781937518745
Category :
Languages : en
Pages :
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Book Description
Author: Pietro Ferrario
Publisher: Kluwer Law International B.V.
ISBN: 9041186166
Category : Law
Languages : en
Pages : 236
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Book Description
International commercial gas sale agreements are often characterised by a duration of twenty years or more. Consequently, when unforeseen events alter market conditions the contractual equilibrium originally found by the parties is disrupted, giving rise to the necessity to renegotiate and adapt the agreement. If negotiation fails, the parties in most cases submit the matter to arbitration. This comprehensive analysis of what can happen under such circumstances proceeds from an in-depth consideration of the power of arbitrators to intervene on the agreement in the light of arbitrability and procedural law. The author fully explains the complex special nature of gas pricing and contract clauses, and takes into account such features as the following, especially in the wake of the 2009 crisis as it affected the gas sector: - take or pay clauses; - mechanisms for gas price calculation; - price review and price re-opener clauses; - hardship provisions; - problems arising from the absence of a specific clause providing for adaptation/adjustment; - effect on contracts of the emergence and development of spot or traded gas markets; and - trend toward introducing spot-market elements into an oil-indexed price formula. The analysis draws on interviews with lawyers and arbitrators who have been involved in recent proceedings regarding gas sale contract adaptations, and also considers court decisions issued in setting aside or enforcing arbitration awards handed down in energy disputes. A central discussion throughout this book is the possible responses to the question of whether it is possible to determine a principle of law justifying the arbitrator’s power to intervene in contract adaptation. All professionals involved in the production, wholesaling, or distribution of gas will find this book indispensable. It will also be of special value to practitioners, policymakers, and regulators in the fields of energy law and environmental law.
Author: J William Rowley QC
Publisher: Law Business Research Ltd.
ISBN: 1912377535
Category :
Languages : en
Pages : 281
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Book Description
Global Arbitration Review's The Guide to Energy Arbitrations is an essential desk-top reference tool for energy companies, their advisers and arbitrators, bringing together a number of pre-eminent authors and pulling together the latest and best approaches to the myriad issues confronted in today's energy disputes. J William Rowley QC of 20 Essex St, acts as General Editor, editors are Doak Bishop of King & Spalding and Gordon Kaiser, with contributions from leading firms across the world. The book has 18 chapters split into 4 sections: I. Investor-State Disputes in the Energy Sector II. Commerical Disputes in the Energy Sector III. Contractual Terms IV. Procedural Issues in Energy Arbitrations. "e;The Guide to Energy Arbitration is a very useful and unique contribution to the literature in the area...it...assembles the views and insights of leading counsel and arbitrators on many of the key issues and trends in the energy arbitration world. It should be a valuable guide to energy companies and their internal and external counsel, in addition to being of interest to commercial and litigation lawyers generally."e; - Glenn Zacher, Partner, Stikeman Elliot
Author: John A. Trenor
Publisher:
ISBN: 9781838622121
Category : Damages
Languages : en
Pages : 503
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Book Description
Author: Dr. Manuel Arroyo
Publisher: Kluwer Law International B.V.
ISBN: 9041192743
Category : Law
Languages : en
Pages : 3026
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Book Description
Arbitration in Switzerland
Author: Maxi Scherer
Publisher: Oxford University Press
ISBN: 0192528319
Category : Law
Languages : en
Pages : 529
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Book Description
Disputes in the energy and natural resources sector are at the heart of international arbitration. With more arbitrations arising in the international energy sector than in any other sector, it is not surprising that the highest valued awards in the history of arbitration come from energy-related arbitrations. Energy disputes often involve complex and controversial issues relating to security, sovereignty, and public welfare. International Arbitration in the Energy Sector puts international energy disputes into a global context, providing broad coverage of different forms and systems of dispute resolution across both renewable and non-renewable sectors. With contributions from leading arbitrators, academics, and industry experts from across the globe, the twenty chapters in the book enable readers to compare the approaches to, and learnings from, energy arbitrations across various legal systems and geographic regions. After outlining the international energy arbitration legal framework in Part I, the text delves into a detailed analysis of the problems which regularly arise in practice. These include, among other things, commercial disputes in Part II (e.g. over the upstream oil sector and long-term gas supply contracts), investor-state disputes in Part III (e.g. under the Energy Charter Treaty), and public international law disputes in Part IV (e.g. concerning international boundaries and the distribution of natural resources). Alongside recent developments in the international energy sector, attention is given to climate and sustainable development disputes, which raise important questions about enforcing sustainability objectives on individuals, corporations, and states. Backed by analyses of arbitral awards, national court and international tribunal decisions, treaties, and other international legal instruments, as well as current events and news in the energy industry, this text offers a unique contribution to international energy literature and provides insightful commentary on the prevalent issues in the field. It is essential reading for any practitioner or researcher in the energy and natural resources sector.