Litigating with Sovereigns in the Energy Sector
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Transcript of Litigating with Sovereigns in the Energy Sector
Litigating with Sovereigns in the Energy Sector
Vienna Forum on European Energy Law
14 March 2014
Dr. Johannes Koepp
Dispute With Host State: Options
Court Proceedings in Host State
Arbitral Proceedings under Production Sharing
Agreement
Arbitral Proceedings under Bilateral Investment Treaty or Energy Charter Treaty
Arbitration under BIT
Substantive Protection: Expropriation, Fair and Equitable Treatment, National Treatment, MFN Treatment
Notion of Investor/Investment
Umbrella Clauses
Dispute Resolution
Compatibility with EU law
Risk of Retaliation
Arbitration under PSA
Seat of the Arbitration
Institutional or Ad-Hoc Arbitration Applicable Law
Counterclaims
Confidentiality
Recognition and Enforcement
ICSID Convention
New York Convention
Location of Assets
Sovereign Immunity
Freezing Order