Coverage

GAR Live Energy - in pictures

GAR Live Energy - in pictures

16 June 2017

GAR Live Energy's third annual event took place yesterday at the offices of Clyde & Co in London, chaired by Juliet Blanch of Arbitration Chambers and Stephen Jagusch QC of Quinn Emanuel Urquhart & Sullivan. 

The claim/award mismatch – GAR Live Energy considers the reasons

The claim/award mismatch – GAR Live Energy considers the reasons

21 June 2017

Speakers at GAR Live Energy explored why claimants in investment treaty cases often receive damages that fall far below the amount claimed and the extent to which experts and tribunals are responsible.

Chairs

Juliet Blanch

Arbitration Chambers, Hong Kong & London

Juliet Blanch is a full-time arbitrator with over 30 years’ experience of international dispute resolution both as Counsel and sitting as Chair, sole arbitrator and co-arbitrator.  She chaired the international dispute resolution practice at Weil, Gotshal & Manges from 2010 to 2016 and before that she chaired the international dispute resolution practice at McDermott, Will & Emery and the international arbitration practice at Norton Rose. 

Stephen Jagusch QC

Quinn Emanuel Urquhart & Sullivan

Stephen Jagusch QC is Global Chair of Quinn Emanuel's International Arbitration Practice. He specializes in international commercial and investment treaty arbitration, having acted as adviser and advocate in dozens of ad hoc and institutional international arbitrations, conducted in many countries around the world, and subject to a wide variety of governing substantive and procedural laws.

Keynotes

Wim Thomas

Chief Energy Advisor & Head of Energy Team, Shell

Wim is Chief Energy Advisor in Shell and leading the Energy Analyses team in Shell’s Global Business Environment Group, which is part of the Group Corporate Strategy Department. He leads a team responsible for worldwide energy analysis and long-term global energy scenarios, and advises Shell’s Executive Committee and the Board and its Businesses on a wide range of energy issues, including oil & gas markets and pricing, global supply & demand for all energies, regulations, energy policy and industry structure.

Speakers

Mark Beeley

Vinson & Elkins

Richard Edwards

Senior Managing Director, FTI Consulting

Siegfried Elsing

Orrick, Herrington & Sutcliffe

Youseph Farah

Senior Lecturer in Commercial Law, School of Law, University of East Anglia

Monica Feria-Tinta

20 Essex Street

Paul Griffin

White & Case

Ben Holland

Squire Patton Boggs

Gordon Kaiser

JAMS

Judith Levine

Senior Legal Counsel, Permanent Court of Arbitration (PCA)

Mark Levy

Allen & Overy

Michelle Macphee

Managing Counsel, Dispute Resolution Team, BP

Wendy Miles QC

Debevoise & Plimpton

Boaz Moselle

Cornerstone Research

Sophie Nappert

3 Verulam Buildings

Michael O'Kane

Peters & Peters

Richard Power

Clyde & Co

Benard Preziosi Jr.

Curtis, Mallet-Prevost, Colt & Mosle

James Spigelman QC

Independent Arbitrator

Gisele Stephens-Chu

Freshfields Bruckhaus Deringer

Baiju Vasani

Jones Day

Shai Wade

Stephenson Harwood

Programme

8.30: Welcome coffee and registration

9.00: Chairs’ welcome

Juliet Blanch, Arbitration Chambers, Hong Kong & London
Stephen Jagusch QC, Quinn Emanuel Urquhart & Sullivan

9.10: Keynote speech: Wim Thomas, Chief Energy Advisor, Shell

"A better life with a healthy planet - Pathways to net-zero emissions"

9.40: Session one: Scene setting: Energy Transitions - where, when, how?

All of a sudden the world looks a rather different place. Or does it? Will the various ‘seismic’ events have that much of an effect on the energy industry, and in particular, disputes? Panellists will be asked to predict what 2017 and 2018 hold in store when it comes to the types of energy disputes that will arise.

How will the envisaged (speed of) energy transitions affect energy disputes?

Amongst Q&A, a discussion could develop around:

  • Is contract sanctity defensible in light of the regulatory changes enforced unevenly across sectors and regions?
  • Will climate change litigation take off, and if so in which form? Who would be most at risk and how best to mitigate?
  • Are global political developments changing the nature of disputes and the way resolution is sought?
  • In what way is technology changing the nature of arbitration?

Moderator:
Juliet Blanch, Arbitration Chambers, Hong Kong & London

Panel:
Gordon Kaiser, JAMS
Michelle Macphee, Managing Counsel, Dispute Resolution Team, BP
Michael O'Kane, Peters & Peters
Richard Power, Clyde & Co

10.45: Coffee break

11.15: Session two: International boundary disputes and energy related natural resources

Climate change and the implementation of the Paris Agreement will inevitably increase commercial and treaty disputes. The panel will discuss the following predictions:

  • Energy transition from fossil fuels to renewables will require states and state entities to reconsider and possibly recalibrate existing license, concession and production sharing agreements, leading to claims by investors;
  • Demand for new and relatively rare earth minerals required for renewables (including photovoltaic panels and wind turbine magnetic parts) will drive a new natural resources market, leading to claims by investors and states and people with the rights to those resources;
  • Various renewable schemes pursuant to the UNFCCC, e.g. carbon tax credit trading, will lead to new contracts and new commercial disputes;
  • Economic stability of oil producing countries will alter and potentially exacerbate political instability and border disputes and human rights claims;
  • Population displacement caused by climate change will further exacerbate political instability and border disputes and human rights claims;
  • Increased liability and accountability for failure to meet emissions targets pursuant to the Paris Agreement will lead to state disputes under the Agreement or private law/constitutional claims by activist groups (e.g. Urgenda)

Where should this myriad of climate change related disputes be heard? Should there be a separate tribunal established to hear all forms of disputes relating to climate change?

Moderator:
Wendy Miles QC, Debevoise & Plimpton

Panel:
Youseph Farah, Senior Lecturer in Commercial Law, School of Law, University of East Anglia
Monica Feria-Tinta, 
20 Essex Street
Judith Levine, Senior Legal Counsel, Permanent Court of Arbitration (PCA)

12.30: Networking lunch

14.00: Session three: Damages – A triangular discussion

1) Observation: In Investor-State cases, only 25% to 30% of damages being claimed are awarded; energy disputes make up a large proportion of these cases

2) Examination: How can it be that experts who support damages calculations find that only a quarter of what they are saying is being awarded?

3) The experts’ view: What’s going wrong?

Amongst other things, the panel will present:

  • A diagnosis – do the statistics bear out the proposition?
  • Possible explanations – moral hazard on the part of experts or counsel? Insufficiently brave arbitrators?
  • A prescription – does all of this matter? Do large claims lead to over-working cases and inflated legal fees?  What are the possible solutions?

Moderator:
Stephen Jagusch QC, Quinn Emanuel Urquhart & Sullivan

Panel:
Richard Edwards, Senior Managing DirectorFTI Consulting
Mark Beeley, Vinson & Elkins
Siegfried Elsing, Orrick, Herrington & Sutcliffe
Boaz Moselle, Cornerstone Research
Benard Preziosi Jr., Curtis, Mallet-Prevost, Colt & Mosle

15.15: Coffee break

15.45: Session four: The GAR Live Debate

Motion: “This house believes that there’s no law in gas pricing arbitration”

Moderator:
Shai Wade, Stephenson Harwood

Debaters:
Paul Griffin, White & Case
Ben Holland, Squire Patton Boggs
Mark Levy, Allen & Overy
Gisele Stephens-Chu, Freshfields Bruckhaus Deringer

Judges:
Sophie Nappert, 3 Verulam Buildings
James Spigelman QC, Independent Arbitrator
Baiju Vasani, Jones Day

17.00: Chairs’ closing remarks

Juliet Blanch, Arbitration Chambers, Hong Kong & London
Stephen Jagusch QC, Quinn Emanuel Urquhart & Sullivan

17.15 onwards: All delegates are invited to attend a drinks reception kindly hosted by Clyde & Co

Venue

St Botolph Building, 138 Houndsditch, London, EC3A 7AR, United Kingdom

Testimonials

  • "Very good. Excellent topics which raise conversations that require cross-sector debate" Youseph Farah, University of East Anglia

  • "Excellent moderators for all sessions. Human rights and the debate session were highlights"

  • "Broad range of topics with well representing panelists" Valery Knyazev, Haberman Illet

Ticket Prices

Private Practitioner
Type Price Until
Super Early £800 5 May 2017
Early £900 26 May 2017
Standard £1,050 15 Jun 2017

 

In-house/governmental

Complimentary In-house /

Governmental registration available