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