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International Arbitration and the Energy Transition

Shifting Foundations for Investment Law

International Arbitration and the Energy Transition cover

International Arbitration and the Energy Transition

Shifting Foundations for Investment Law

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Pre-order. Available 29 Apr 2027
£64.80 RRP £81.00 Website price saving £16.20 (20%)

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Description

This book offers a broad definition of the energy transition, going beyond its climate origins to include energy security, affordability concerns and the impacts of the digital economy.

It explores the multiplication of disputes triggered by policies of phasing in and phasing out certain forms of energies, and how international arbitration has responded to this exponential increase in disputes among investors, states, and civil society.

Investments in this sector tend to be large and long-term, but international law protections have been weakened by many states. The book reviews the new landscape of investor protections in treaties and long-term contracts.

The book explores the changing role of the State in setting the rules for investment, as new forms of infrastructure are deemed 'critical' or 'strategic', in the context of growing international competition, and vulnerability of global supply chains. Uncertainty about the scope and timing of interventions requires a shift in the current international investment law regime if investments are to mobilize to drive forward the energy transition.

The preferred mode of resolving disputes – both contract and treaty based - remains international arbitration. The book critically reviews the many changes introduced by international and regional arbitration centres to improve the operation of this key mechanism.

The approach of this book is twofold: it examines energy disputes in each energy sector (Part 2) and by means of an analysis of seminal, highly controversial cases it examines how international arbitration has addressed the energy transition to date.

This is a key resource to understand how the energy transition is impacting on the resolution of disputes, procedurally as well as substantively in the face of geopolitical headwinds and the growing impact of the digital economy.

Accessibility Information

Additional accessibility information

  • PDF/UA-2, 1.4
  • accessibility@bloomsbury.com

Hazards

The publication contains no hazards

Support for non-visual reading

Has alternative text descriptions for images

Navigation

  • Page list to go to pages from the print source version
  • Elements such as headings, tables, etc for structured navigation
  • All or substantially all textual matter is arranged in a single logical reading order

Table of Contents

Part 1: Disputes – A Brake on the Energy Transition
1. The Energy Transition as a Catalyst for Disputes
2. Investment and the Flexibility of International Arbitration
3. The Approach taken in this Book

Part 2: Where and How Dispute Emerge – The Energy Transition by Sector
4. Renewable Energy Disputes
5. Gas Supply and Pricing Disputes
6. Infrastructure: Grids, Pipelines and Data Centres
7. The Supply Chain: Critical Minerals
8. Nuclear Energy
9. Oil Contracting
10. New Technologies, New Interfaces

Part 3: Flexibility Versus Stability: The Legal Response
11. Commercial Contracting: Force Majeure, Limitation of Liability
12. The Right to Regulate
13. Fair and Equitable Treatment vs. Contract Stability

Part 4: A Way Forward
14. Shifting Foundations in International Investment Law

Product details

Published 29 Apr 2027
Format Ebook (PDF)
Edition 1st
Pages 320
ISBN 9781509984046
Imprint Hart Publishing
Series Global Energy Law and Policy
Publisher Bloomsbury Publishing

About the contributors

Author

Peter D Cameron

Peter D Cameron is Chair of Energy and Climate Law…

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