Speaker: Dr Robert Gaitskell QC
Event Date: 19 Oct 2007
Event Title: Dispute Resolution in the Energy Sector
Title of Presentation/Paper: Dispute Resolution in the Energy Sector
Abstract of paper
Since the cost of litigation and arbitration has become prohibitive, parties have moved towards sophisticated strategies for resolving their disputes in the most cost effective manner. The starting point is at the time of contract drafting. Agreements should include a multi-layered disputes clause that uses a variety of techniques, including negotiation, mediation, adjudication, expert determination and dispute boards, besides arbitration as an ultimate fallback. Each of these, in various combinations, can offer a route out of the dispute. The spectrum of energy disputes facing the parties is surveyed, and suggestions are given as to planning to avoid wasting costs and alienating trading partners.
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