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Alternative Dispute Resolution in Energy Industries: Routledge Research in Energy Law and Regulation

Autor Mustafa Oğuz Tuna
en Limba Engleză Paperback – 29 ian 2024
The disputes that arise between host states and investors in the energy sector put a high number of valuable and vital projects in the countries at risk. Investment treaty arbitration mechanisms, as the traditional remedy, have provided a solution to these problems for decades. However, as the number of disputes increases, the sufficiency of arbitration in responding to disputes became questionable in addition to the long-lasting and costly cases. Accordingly, ADR mechanisms outside the arbitration cannon have triggered growing interest among practitioners. Despite the attraction and the apparent benefits of ADR such as being cheaper, faster and with better outcomes compared to arbitration, there are also hurdles in front that hinder the application of ADR. This has lead to the underuse of ADR in appropriate contexts. This study has been conducted to research the gap for the applicability of the ADR methods for investment disputes in the energy sector with the doctrinal analysis of the existing literature either promoting or opposing ADR. Its findings provide guidance for alternative dispute resolution practitioners on when to use ADR, how to use ADR and on what disputes ADR to be used to resolve conflicts in International Energy Investment.
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Specificații

ISBN-13: 9781032181080
ISBN-10: 1032181087
Pagini: 274
Dimensiuni: 156 x 234 x 18 mm
Greutate: 0.45 kg
Ediția:1
Editura: Taylor & Francis
Colecția Routledge
Seria Routledge Research in Energy Law and Regulation

Locul publicării:Oxford, United Kingdom

Public țintă

Postgraduate and Professional

Cuprins

CHAPTER I – INTRODUCTION
Background
Rationale Behind the Emergence of ADR
Criticism and Justification
 
CHAPTER II - ALTERNATIVE DISPUTE RESOLUTION MECHANISMS
Introduction
Historical Background of ADR
Definition of ADR
Purpose of the ADR
Positive Sides of ADR
Challenges and Threats to the Practice of ADR
Negotiation
Mediation
Conciliation
Expert Determination
Neutral Evaluation
Fact-finding
Mini-trial
Ombudsman
Dispute Review Boards
Enquiry
 
CHAPTER III - ADR IN CURRENT INVESTMENT LAW REGIME
International Investment Treaties
Investment Contracts
Domestic Dispute Resolution Mechanisms
 
CHAPTER IV – DRAWBACKS of ISDS SYSTEM
History of ISDS
A General View to ISDS
Diplomatic Protection
Court Litigation
Negative Impacts of the Arbitration on the Parties
Discontinued and Settled Arbitration Cases
Assistive Procedures to Arbitration
Seeking a Way Out: Hybrid Methods
 
CHAPTER V - INSTITUTIONAL ADR RULES
Conciliation
Mediation
Expert Determination
Fact-finding Rules (ICSID Additional Facility)  
Early Neutral Evaluation Agreement - CEDR Model
Dispute Board Rules of CIArb
 
CHAPTER VI – ADR IN ENERGY INVESTMENT DISPUTES
Fundamentals of Energy Investment Disputes
Type of the Disputes
Stages of the Disputes
Amount of the Dispute
Critiques and Challenges to the Application of ADR
 
CHAPTER VII: CONCLUSION
Overview
How Can ADR Succeed?
Host State Approach
Closure
 
BIBLIOGRAPHY

Notă biografică

Mustafa Oğuz Tuna is a legal practitioner at GSI Attorney Partnership Law Firm. Supervising international energy contracts and dispute proceedings.

Descriere

This study has been conducted to research the gap for the applicability of the ADR methods for investment disputes in the energy sector with the doctrinal analysis of the existing literature either promoting or opposing ADR.