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Alternative Dispute Resolution in Energy Industries



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ISBN 9781032181073
April 4, 2022 Forthcoming by Routledge
280 Pages

 
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Book Description

The disputes that arise between host states and investors in the energy sector put a high number of valuable and vital projects in the countries at risk. Investment treaty arbitration mechanisms, as the traditional remedy, have provided a solution to these problems for decades. However, as the number of disputes increases, the sufficiency of arbitration in responding to disputes became questionable in addition to the long-lasting and costly cases. Accordingly, ADR mechanisms outside the arbitration cannon have triggered growing interest among practitioners. Despite the attraction and the apparent benefits of ADR such as being cheaper, faster and with better outcomes compared to arbitration, there are also hurdles in front that hinder the application of ADR. This has lead to the underuse of ADR in appropriate contexts. This study has been conducted to research the gap for the applicability of the ADR methods for investment disputes in the energy sector with the doctrinal analysis of the existing literature either promoting or opposing ADR. Its findings provide guidance for alternative dispute resolution practitioners on when to use ADR, how to use ADR and on what disputes ADR to be used to resolve conflicts in International Energy Investment.

Table of Contents

 

CHAPTER I – INTRODUCTION

Background

Rationale Behind the Emergence of ADR

Criticism and Justification

 

CHAPTER II - ALTERNATIVE DISPUTE RESOLUTION MECHANISMS

Introduction

Historical Background of ADR

Definition of ADR

Purpose of the ADR

Positive Sides of ADR

Challenges and Threats to the Practice of ADR

Negotiation

Mediation

Conciliation

Expert Determination

Neutral Evaluation

Fact-finding

Mini-trial

Ombudsman

Dispute Review Boards

Enquiry

 

CHAPTER III - ADR IN CURRENT INVESTMENT LAW REGIME

International Investment Treaties

Investment Contracts

Domestic Dispute Resolution Mechanisms

 

CHAPTER IV – DRAWBACKS of ISDS SYSTEM

History of ISDS

A General View to ISDS

Diplomatic Protection

Court Litigation

Negative Impacts of the Arbitration on the Parties

Discontinued and Settled Arbitration Cases

Assistive Procedures to Arbitration

Seeking a Way Out: Hybrid Methods

 

CHAPTER V - INSTITUTIONAL ADR RULES

Conciliation

Mediation

Expert Determination

Fact-finding Rules (ICSID Additional Facility)  

Early Neutral Evaluation Agreement - CEDR Model

Dispute Board Rules of CIArb

 

CHAPTER VI – ADR IN ENERGY INVESTMENT DISPUTES

Fundamentals of Energy Investment Disputes

Type of the Disputes

Stages of the Disputes

Amount of the Dispute

Critiques and Challenges to the Application of ADR

 

CHAPTER VII: CONCLUSION

Overview

How Can ADR Succeed?

Host State Approach

Closure

 

BIBLIOGRAPHY

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Author(s)

Biography

Mustafa Oğuz Tuna is a legal practitioner at GSI Attorney Partnership Law Firm. Supervising international energy contracts and dispute proceedings.