Tag Archives: arbitration

Windstream v. Canada: How Regulatory Winds of Change Affected a Clean Energy Project

A recently-published NAFTA arbitration award in Windstream Energy LLC v. Government of Canada illustrates the perils of investing in clean energy projects in jurisdictions with ever evolving regulatory and policy frameworks.  The case is also a good reminder of the importance of investing in foreign jurisdictions through vehicles incorporated in countries that have adequate investment-protection … Continue Reading

Cairn Energy Compels India to Engage in Arbitration Proceedings

Cairn Energy’s investment arbitration proceedings against India recently demonstrated the importance of default arbitrator nomination procedures in international arbitration. Cairn Energy’s dispute with India In March 2015, Cairn UK Holdings Limited received a draft assessment order from Indian tax authorities, requiring payment equivalent to US$1.6 billion, plus any applicable interest and penalties, in respect of … Continue Reading

‘Trigger Happy’: Considering the Requirements of Your Price Review Clause

Given the fall in oil prices, many participants in the oil sector have been forced to re-evaluate their investments.[1]  A drop in oil prices not only impacts the oil industry; it can also have a significant effect on gas and LNG prices around the world.  Many long-term gas and LNG sales agreements continue to peg … Continue Reading

Nigerian Court of Appeal Allows Third Party to Challenge Arbitration Award

In the recently published Abuja Court of Appeal case of Statoil (Nigeria) Limited & Anor v. Federal Inland Revenue Service & Anor ((2014) LPELR-23144(CA)) (“Statoil”) dated 13 June 2014,  the Nigerian court held that a third party had locus standi to challenge an arbitration agreement to which it was not a party. This decision has … Continue Reading

Planning Ahead to Arbitration – Important Considerations for Investors

As foreign investment into Sub-Saharan Africa continues to grow, inevitably, so does the risk of disputes arising between commercial parties. The potential benefits of arbitration in settling a commercial dispute, including procedural flexibility and neutrality, are well known (read more from the ICC here). This post provides an introduction to the relevance of arbitration to investors considering … Continue Reading
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