GAR Live Energy Lookback: how suited are private claims for public wrongs?

GAR Live Energy Lookback: how suited are private claims for public wrongs?

26 June 2019

Will victims of alleged human rights abuses ever consent to arbitration of their claims? Very possibly was the consensus by the end of GAR Live Energy 2018. As one panel member put it, sometimes victims are “just private parties wanting compensation”.


Kate Davies

Allen & Overy

Kate is a Partner in Allen & Overy’s International Arbitration Group, and has extensive expertise in both international commercial and investment treaty arbitration.

James Loftis

Vinson & Elkins

James heads our International Dispute Resolution practice, and focuses his practice on the arbitration and litigation of international commercial and investor-state disputes, and counseling in matters involving public international law and treaties. He acts both as counsel and as arbitrator.


Leilah Bruton

Freshfields Bruckhaus Deringer

Ruth Byrne

King & Spalding

Andrew Clarke

ExxonMobil International Limited

James Freeman

Allen & Overy

Alejandro Garcia

Clyde & Co

Jessica Gladstone

Clifford Chance

Peter Griffin

Slaney Advisors

Christopher Harris

3 Verulam Buildings

David Isenegger


Peter Leaver QC

One Essex Court

Gordon Nardell QC

20 Essex Street

Kate Parlett

20 Essex Street

Chris Parker

Herbert Smith Freehills

Leslie Perrin

Calunius Capital

Richard Power

Clyde & Co

George Spalton

4 New Square

Suzanne Spears

Volterra Fietta

Shai Wade

Stephenson Harwood

Louise Woods

Vinson & Elkins

Andrew Tetley

Reed Smith


9.00: Welcome coffee and registration

9.30: Chairs' opening remarks

Kate Davies, Allen & Overy
James Loftis, Vinson & Elkins

9.45: Session one: The interview

The energy industry is changing rapidly. During this session an energy insider will be interviewed by the programme's chairs about what the future looks like for the biggest players, to set the scene for the rest of the day.

Kate Davies, Allen & Overy

David Isenegger, Centrica

10:15: Session two: The future of energy disputes - what’s going to break next?

How is the energy industry changing, and what problems are likely to arise? Among other things, our distinguished panel are expected to discuss questions such as:

- How could energy flows become embroiled in any emerging trade war?
- How is decommissioning liability affecting the energy majors?
- What types of disputes are arising out of divestment of ageing assets?
- How will energy companies protect their assets in a post Slovak Republic v Achmea/post arbitration world?
– How prevalent is corruption as a source of disputes? Is it an issue in energy arbitrations?

James Loftis, Vinson & Elkins

Andrew Clarke, Exxon Mobil International Limited
Leilah Bruton, Freshfields Bruckhaus Deringer
Gordon Nardell QC, 20 Essex Street
Richard Power, Clyde & Co

11.30: Coffee break

12.00: Session three: The GAR Live Question Time for arbitrators 

Has the time come to certify arbitrators for energy cases? How important is specialised knowledge of the industry to being an effective arbitrator? Are we still concerned about the quality of quantum decisions?

A twist on our usual Tylney Hall format. A panel of distinguished arbitrators will discuss this question, and others submitted by the audience and moderator in advance.

Shai Wade, Stephenson Harwood

Christopher Harris, 3 Verulam Buildings
James Freeman, Allen & Overy
Chris Parker, Herbert Smith Freehills 
13.15: Networking lunch

14.30: Session four: Monetising awards and emerging enforcement options and markets

In certain cases, parties now spend longer discussing how they will monetise their winnings than other aspects of the case.

During this interactive session, our panel will discuss topics such as:

- The financial engineering taking place after, or even before, awards are delivered.
- Emergence of specialist investors in judgments and awards

Louise Woods, Vinson & Elkins

Ruth Byrne, King & Spalding
Alejandro Garcia, Clyde & Co 
Peter Griffin, Slaney Advisors
Leslie Perrin, Calunius Capital
15.45: Coffee break

16.15: Session five: The GAR Live inquisition: How suited are private claims for public wrongs?

The international legal community may believe that IA can tackle claims far beyond commercial and treaty issues: climate change allegations, human rights violations, abetting parent company or host government misfeasance, contributing to funding of wrongful conduct. But clients and other stakeholders are less sure that private claims – even in arbitration – are a good solution.

This session will conduct an inquiry into the suitability of IA as a means of private justice for public wrongs.

Peter Leaver QC, One Essex Court
George Spalton, 4 New Square
Kate Parlett, 20 Essex Street

Jessica Gladstone, Clifford Chance
Suzanne Spears, Volterra Fietta
Andrew Tetley, Reed Smith

17.30: Chairs’ closing remarks

Kate Davies, Allen & Overy 
James Loftis, Vinson & Elkins

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


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


  • "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 £700 4 May 2017
Early £800 1 Jun 2017
Standard £900 14 Jun 2017



Complimentary In-house /

Governmental registration available