Energy and Natural Resources Arbitration
Allen & Overy advises on high profile, high value disputes in the energy and natural resources sector, representing major international energy companies, financial institutions, State-owned entities and governments.
Working closely with our world-renowned Projects practice, we understand the complex commercial, socio-economic and regulatory environments in which our clients operate.
With an outstanding track record of helping clients avoid and resolve disputes in this sector, our expertise covers international arbitration, investment treaty arbitration, litigation, negotiation, mediation and expert determination.
A&O’s team has extensive experience of representing clients in disputes arising across the energy and natural resources sector, including oil and gas, nuclear, renewables, and mining and metals. Our expertise spans the full hydrocarbon value chain and includes advising on disputes relating to downstream joint ventures, the construction of extraction facilities, abandonment and decommissioning obligations and power projects. Our global team has extensive international experience covering Europe, Africa, the Middle East, Asia and Latin America.
We have a leading investment treaty arbitration practice and are particularly recognised as market leaders and innovators in disputes arising under the Energy Charter Treaty, having brought the first ever claim under that treaty and advised on more cases since then than any other firm.
Our market leading gas price review experts have been involved in many ground-breaking cases and our Global Co-Head of International Arbitration, Mark Levy QC, edited the world’s first textbook on the subject.
Our experience includes representing:
- South Stream Transport, a Gazprom subsidiary, in its ICC arbitration with Saipem relating to a now-cancelled pipeline project to transport gas from Russia, under the Black Sea, to various European countries. More than EUR1.5 billion was in dispute and the case was ultimately settled.
- BG and Reliance Industries in an UNCITRAL arbitration (valued at more than USD5bn) against the Government of India, regarding two oil and gas Production Sharing Contracts. Our clients have had two Indian Supreme Court judgments issued in their favour, and made successful challenges to the most recent final partial award in the English courts.
- More than 30 international investors, in 12 separate Energy Charter Treaty claims against the Kingdom of Spain, concerning investments in renewable energy projects. We have so far achieved significant damages awards for our clients in six of these arbitrations, with others still pending.
- The Islamic Republic of Pakistan in defending two related UNCITRAL investment treaty arbitrations concerning gas import operations. Claims were dismissed entirely and the investors ordered to pay 90% of Pakistan’s costs. Challenge proceedings brought by the investors were defeated.
News & insights
Publications: 21 SEPTEMBER 2020
In May 2020, Japan's parliament passed a bill to amend the Act on Special Measures concerning the Handling of Legal Services by Foreign Lawyers (the Foreign Lawyers Act), which governs the provision…Read more
Publications: 24 JUNE 2020
The Court of Appeal ruled that, where there is no express choice of law governing the arbitration agreement, there is a strong presumption that the parties have impliedly chosen the law of the seat.…Read more
Publications: 03 APRIL 2020
As Covid-19 coronavirus continues to spread across the globe, the various forums for dispute resolution worldwide find themselves presented with novel challenges, in particular relating to issues…Read more
Publications: 01 OCTOBER 2018
Ukraine’s recent attempt to resist enforcement of an UNCITRAL award on sovereign immunity grounds has failed. Most importantly, the decision confirms the inherent value in any arbitration agreement…Read more
- Band 1, Dispute Resolution, Global-wide, Chambers Global 2019
- International Arbitration Firm of the Year, Benchmark Litigation Asia-Pacific Awards 2019
- Best Arbitration Team of the Year in Spain and Portugal, 2019
Represents key industry players in the energy sector, with significant expertise in disputes relating to gas-price reviews and arising under the ECT.
Chambers Global 2020, International Arbitration
Demonstrates notable expertise in construction, energy and natural resources.
Chambers Global 2019, Dispute Resolution
Notable recent successes in high-profile ECT cases showcase capacity to co-ordinate complex investor-state mandates...
Chambers Europe 2018, International Arbitration