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3rd Annual GAR Live Energy Disputes

Thursday, 15 June 2017, St Botolph Building, London

 

Thursday, 15 June 2017

09:00 AM to 18:00 PM

St Botolph Building, 138 Houndsditch, London, EC3A 7AR, United Kingdom


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For further information or sponsorship opportunities, please call +44 203 780 4137 or email events@globalarbitrationreview.com


Speakers

Chaired by:

Juliet Blanch, Juliet Blanch Arbitration

Stephen Jagusch QC, Quinn Emanuel Urquhart & Sullivan

Keynote speaker:

Wim Thomas, Chief Energy Advisor, Shell

Speakers:

Mark Beeley, Vinson & Elkins

Monica Feria-Tinta, 20 Essex Street

Paul Griffin, White & Case

Ben Holland, Squire Patton Boggs

Gordon Kaiser, Independent Arbitrator

Mark Levy, Allen & Overy

Michelle Macphee, Managing Counsel, Dispute Resolution Team, BP

Wendy Miles QC, Debevoise & Plimpton

Boaz Moselle, Cornerstone Research

Michael O'Kane, Peters & Peters

Richard Power, Clyde & Co

Benard Preziosi, Curtis, Mallet-Prevost, Colt & Mosle

Further speakers to be announced


Programme

8.30: Welcome coffee and registration

9.00: Chairs’ welcome

Juliet Blanch, Juliet Blanch Arbitration
Stephen Jagusch QC, Quinn Emanuel Urquhart & Sullivan

9.10: Session one: Scene setting: Energy Transitions - where, when, how?

All of a sudden the world looks a rather different place. Or does it? Will the various ‘seismic’ events have that much of an effect on the energy industry, and in particular, disputes? After a keynote speech, panellists will be asked to predict what 2017 and 2018 hold in store when it comes to the types of energy disputes that will arise.

How will the envisaged (speed of) energy transitions affect energy disputes?

Amongst Q&A, a discussion could develop around:
- Is contract sanctity defensible in light of the regulatory changes enforced unevenly across sectors and regions?
- Will climate change litigation take off, and if so in which from? Who would be most at risk and how best to mitigate?
- Are global political developments changing the nature of disputes and the way resolution is sought?
- In what way is technology changing the nature of arbitration?

Keynote speaker:
Wim Thomas, Chief Energy Advisor, Shell

Moderator:
Juliet Blanch, Juliet Blanch Arbitration

Panel:
Gordon Kaiser, Independent Arbitrator
Michelle Macphee, Managing Counsel, Dispute Resolution Team, BP
Michael O'Kane, Peters & Peters
Richard Power, Clyde & Co

10.45: Coffee break

11.15: Session two: International boundary disputes and energy related natural resources

Climate change and the implementation of the Paris Agreement will inevitably increase commercial and treaty disputes. The panel will discuss the following predictions:

- Energy transition from fossil fuels to renewables will require states and state entities to reconsider and possibly recalibrate existing license, concession and production sharing agreements, leading to claims by investors;
- Demand for new and relatively rare earth minerals required for renewables (including photovoltaic panels and wind turbine magnetic parts) will drive a new natural resources market, leading to claims by investors and states and people with the rights to those resources;
- Various renewable schemes pursuant to the UNFCCC, e.g. carbon tax credit trading, will lead to new contracts and new commercial disputes;
- Economic stability of oil producing countries will alter and potentially exacerbate political instability and border disputes and human rights claims;
- Population displacement caused by climate change will further exacerbate political instability and border disputes and human rights claims;
- Increased liability and accountability for failure to meet emissions targets pursuant to the Paris Agreement will lead to state to state disputes under the Agreement or private law/constitutional claims by activist groups (e.g. Urgenda)

Where should this myriad of climate change related disputes be heard? Should there be a separate tribunal established to hear all forms of disputes relating to climate change?

Moderator:
Wendy Miles QC, Debevoise & Plimpton

Panel:
Monica Feria-Tinta, 20 Essex Street

12.30: Networking lunch

14.00: Session three: Damages – A triangular discussion

1) Observation: In Investor-State cases, only 25% to 30% of damages awarded are being claimed; energy disputes make up a large proportion of these cases.

2) Examination: How can it be that experts who support damages calculations find that only a quarter of what they are saying is being awarded?

3) The experts’ view: What’s going wrong?

Amongst other things, the panel will present:
- A diagnosis – do the statistics bear out the proposition?
- Possible explanations – moral hazard on the part of experts or counsel? Insufficiently brave arbitrators?
- A prescription – does all of this matter? Do large claims lead to over-working cases and inflated legal fees?  What are the possible solutions?

Moderator:
Stephen Jagusch, Quinn Emanuel Urquhart & Sullivan

Panel:
Mark Beeley, Vinson & Elkins
Boaz Moselle, Cornerstone Research
Benard Preziosi, Curtis, Mallet-Prevost, Colt & Mosle

15.15: Coffee break

15.45: Session four: The GAR Live Debate

Motion: “This house believes that there’s no law in gas pricing arbitration”

Debaters:
Paul Griffin, White & Case
Ben Holland, Squire Patton Boggs
Mark Levy, Allen & Overy

17.00: Chairs’ closing remarks

Juliet Blanch, Juliet Blanch Arbitration
Stephen Jagusch QC, Quinn Emanuel Urquhart & Sullivan

17.15 onwards: All delegates are invited to attend a drinks reception kindly hosted by Clyde & Co


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