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International Arbitration in Latin America: Energy and Natural Resources Disputes by ALVAREZ

International Arbitration in Latin America: Energy and Natural Resources Disputes

Edited by Gloria M. Alvarez, Mélanie Riofrio Piché, Felipe V. Sperandio
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Overview

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.

Publish Date 04/14/2021
Product Line Kluwer Law International
ISBN 9789041199720
SKU 10063680-0002
Table of Contents

Editors

Contributors

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

Testimonials

See what our clients are saying:

The prominent role of Latin America as a user of international arbitration, and the unique issues arising in energy disputes, make this book an indispensable resource. Alvarez, Riofrio and Sperandio have curated a dynamic, comprehensive and forward-looking text that draws on the expertise of a diverse roster of arbitration practitioners. This book provides a thorough and up-to-date analysis on the emerging issues in energy investments, including the role of public participation, human rights and environmental concerns.

Meg Kinnear, Secretary-General of the International Centre for Settlement of Investment Disputes 

 

The book should become an essential reading for all those who are interested in the intricacies of the evolution of international arbitration in Latin America.  Given that energy is perhaps the most relevant economic sector giving rise to international disputes in Latin America, the collection of studies in the book will take the reader through all the faces of international arbitration in the region, including, for instance, international commercial arbitration, investment arbitration, multi-party and multi-contract arbitration, and corruption issues in international arbitration.  The combination of theoretical analyses with solutions to very practical problems in the book makes it unique in today’s international arbitration literature.

Eduardo Silva Romero, Partner and Co-Chair of International Arbitration global practice, Dechert (Paris) LLP

 

The book is a welcomed contribution to the growing sector of international energy arbitration, with a special focus on Latin America. It includes sector-specific chapters on hydrocarbons, renewables, electricity, natural gas, as well as detailed procedural and substantive analyses on damages, corruption, take-or-pay contracts, climate change and energy transition.  It is the first of its kind in the region and a must-have for anyone practicing international energy arbitration in Latin America and beyond.

Professor Dr Maxi Scherer Chair in International Arbitration, Dispute Resolution and Energy Law, Queen Mary University of London.

 

Energy is undergoing a revolution. Natural resources are becoming more valuable. Latin America has huge potential; but development requires capital and expertise, and where conflicts will be unavoidable. This means arbitration with commercial partners, states and local communities. Issues of human rights, corruption and governance loom in the background. Alvarez, Riofrio and Sperandio have harnessed a team of specialists to illuminate the opportunities and risks for international arbitration. The first handbook of its kind in English. A must-have for those who hope for a brighter economic future in Latin America.

Juan Fernández-Armesto, International Arbitrator, Armesto & Asociados

Volumes