GLOBAL ARBITRATION IN THE ENERGY SECTOR
CD: In your opinion, what is the current appetite for global arbitration among companies operating in the energy sector? Is it the primary method for resolving their disputes?
Pauly: Arbitration is, and will remain, the primary method of resolving disputes among companies operating in the energy sector. More often than not these disputes are high-stakes issues between companies incorporated in different countries and from different legal backgrounds, for which resorting to domestic litigation is not conceivable, if only because the existence of the dispute, the issues involved and the documents exchanged must remain confidential. In addition, an arbitral award is enforceable worldwide, which is a significant advantage compared to the costs and time required to enforce a foreign judgment before domestic courts.
Jan-Mar 2018 issue
Freshfields Bruckhaus Deringer
Ince & Co LLP
King & Spalding
Von Wobeser y Sierra