Published on: 2020
As in any other economic area, international arbitration -commercial and investment- is a resonance box within every evolutionary market. In the case of the energy sector (hydrocarbon + electricity), given its high technicity and regulated regime, as well as the fact that it is capital-intensive, more than 40% of the investment arbitrations under the International Centre for Settlement of Investment Disputes (ICSID) of the World Bank involve energy and infrastructure. A similar percentage exists in commercial arbitration under the auspice of the International Chamber of Commerce (ICC)—both leading institutions in the field. To the importance of investment arbitration in the energy industry, the already relevant, and still growing involvement of Latin America, must be added. All of the above speak to the pertinence of this book.
The book has nine chapters that are divided in two general parts: the industrial context and themed perspectives. Throughout its pages, the reader —whether lawyer, arbitrator, investor or student— can find some of the most profound —but practical— insights of the world of arbitration within the energy sector. The scope of the text ranges from economical topics to institutional design, dispute resolution preventive methods, arbitration, best practices, force majeure, regulatory expropriation, interim measures and multi-party arbitration. It is an invitation to the discernment of the most current subjects of arbitration within the energy sector, penned by some of the best writers of the region.