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International Arbitration in Latin America: Energy and Natural Resources Disputes


ISBN13: 9789041199720
Published: April 2021
Publisher: Kluwer Law International
Country of Publication: Netherlands
Format: Hardback
Price: £167.00



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International Arbitration in Latin America is a pioneering book furnishing a comprehensive, in-depth analysis of critical issues arising from energy and natural resources contracts and disputes in the region, covering a wide range of procedural, substantive, and socio-legal issues. Energy projects in Latin America are a major contributor to economic growth worldwide. This book also sheds light on how states have shifted from passive business partners to more active controlling players.

What’s in this book:

This detailed book focuses on the entire Latin American region and elucidates the extensive treatment and examination of arbitration practice particularities, including arbitrability, public order, enforcement, and the complex public-private nature of energy transactions. Penned down by the most experienced and respected arbitration practitioners in the energy and arbitration market, the book explicates the following issues and topics:

  • state-owned entities as co-investors or contracting parties
  • role of environmental law, indigenous rights and public participation
  • issues related to political changes, corruption, and quantification of damages
  • climate change, renewable energy, and the energy transition
  • force majeure, hardship, and price reopeners
  • arbitration in the electricity sector
  • take-or-pay contracts
  • recognition and enforcement of awards
  • tension between stabilization clauses and human rights
  • mediation as a method for dispute settlement in the energy and natural resources sector, and
  • different comparative approaches taken by national courts in key Latin American jurisdictions

The book also highlights the impact of COVID-19 on the arbitration process, emerging laws, political circumstances’ changes, global economic trends in the oil & gas market, the energy transition, and the rise of new technologies.

How this will help you:

This remarkable book will prove invaluable to in-house lawyers, government officials, academics, and the rest of the arbitration community involved in international arbitration with a particular interest in the energy and natural resources sector.

Subjects:
European Jurisdictions, Sweden, Arbitration and Alternative Dispute Resolution
Contents:
Foreword
Part I. Actors, Procedural and Substantive Issues
CHAPTER 1: States as International Actors in Energy and Natural Resources Disputes: The Latin-American Experience
Mélida N. Hodgson & Pablo Garrido Cardozo
CHAPTER 2: Complex Procedural Issues Arising from Energy and Natural Resources Disputes
Eduardo Zuleta-Jaramillo & Rafael Rincón-Ordóñez & Juan Ignacio Guerra-Toro
CHAPTER 3: Complex Substantive Issues Arising from Energy and Natural Resources Disputes
Eduardo Damião Gonc¸alves, Flávio Spaccaquerche Barbosa & Caio Gabra & Ana Clara Nascimento
Part II. Sector-by-Sector Analysis
CHAPTER 4: Petroleum Contracts, Applicable Laws and Lex Petrolea in Latin America
Enrique A. Jaramillo & Marlon M. Meza-Salas
CHAPTER 5: Gas and Liquefied Natural Gas Disputes in Latin America, Issues of Force Majeure, Hardship, and Price Reopeners
Emmanuel E. Kaufman & Sofia Svinkovskaya
CHAPTER 6: International Investment Arbitration in the Latin-American Electricity Sector
Alvaro Galindo & Catalina Echeverri
CHAPTER 7: Renewable Energy Arbitration in Latin America
John Adam
Part III. Relevant Issues Affecting the Outcome of an Energy Dispute
CHAPTER 8: Corruption in Energy and Natural Resources Investment Disputes in Latin America
Mélanie Riofrio Piché & Patricia Saiz
CHAPTER 9: Damages in Energy and Natural Resources Arbitrations in Latin America
Noiana Marigo & Michael Seelhof
CHAPTER 10: Recognition and Enforcement of National and International Arbitration Awards in Latin America: Energy and Natural Resources Disputes
Adrián Magallanes & Montserrat Manzano & Claus Von Wobeser
Part IV. A Particular Zoom into the Brazilian Practice
CHAPTER 11: Arbitration in Brazilian-Related Energy and Natural Resources Disputes
Felipe V. Sperandio
CHAPTER 12: Disputes in the Brazilian Electricity Market
Renato Stephan Grion
CHAPTER 13: Take-or-Pay Contracts in Project Finance: Focus on Gas-Supply Contracts in Brazil
Peter Christian Sester
Part V. Lessons, Reflections and Social Justice in Energy and Natural Resources Disputes
CHAPTER 14: Three Notable Issues from the Venezuela Experience
Hugh Carlson & Anton Chaevitch & Liz Snodgrass
CHAPTER 15: Intimate Enemies: Are Stabilization Clauses and Human Rights Compatible under International Law?
Fabio Núñez del Prado & Eugenia Simo García & José Ignacio García Cueto
CHAPTER 16: Measuring Public Participation in International Investment Treaty Law: A Study of the Latin American Extractive Industries
Gloria M. Alvarez & Ilias Kazeem
CHAPTER 17: Enabling Frameworks for Energy Investment in Latin America: A Global Perspective
Ernesto Bonafé
Part VI. The Energy Transition and Climate Change in International Arbitration
CHAPTER 18: Achieving Latin America’s Energy Transition: Looking into the Roles of International Arbitration and Dispute Avoidance
Eric Franco & Alejandra Verdera
CHAPTER 19: Climate Change and International Arbitration in Latin America
Daniela Páez-Salgado & Emily Westphalen
Part VII. Mediation in the Energy Sector
CHAPTER 20: Mediation in the Energy and Natural Resources Sector: The Latin-American Experience
Fernando Navarro & Joe Tirado
Concluding Thoughts on the Energy Arbitration in Latin America
Mélanie Riofrio Piché & Celia Cañete & Gloria M Alvarez