Decarbonisation of the energy sector is critical to achieving the emissions reductions required to meet the Paris Agreement climate change goals. However, the sector must balance increasing energy demand with the need to achieve sustainability of energy supply, the importance of which has been accentuated by the COVID-19 pandemic and the Russia-Ukraine war, which have added an energy security imperative. Traditional dependence on fossil fuels needs to be replaced with new technologies – and renewable energy sources are central to the transition.

The increase in renewable energy capacity globally, and its complexities, give rise to a wide range of potential disputes. International arbitration has long been the preferred dispute resolution forum for the energy sector and is well placed to be the preferred process for dispute resolution in renewables projects.

The second edition of this Special Report considers:

• the defining characteristics of renewables projects;
• the scope for disputes to arise in the implementation of these projects, including a discussion of the elements of renewable energy projects
that give rise to disputes between investors, states and commercial parties;
• the common contractual protections that can be used to address disputes risk;
• the suitability of arbitration to resolve disputes, the key considerations for parties negotiating arbitration agreements, and how arbitral
procedures might be adapted for effectiveness; and
• potential future renewable energy dispute trends, including as a consequence of the recent spate of EU member state withdrawals from the
energy Charter Treaty, and as the effects of various geopolitical events continue to be felt.

Written for both a legal and non-legal audience, this Special Report is relevant to those interested in learning about the scope for disputes in the renewables sector, how they can be avoided, and how arbitration can best be deployed to prevent delay, resolve disputes and help push the energy transition forward.

Emma Johnson
Partner, Ashurst LLP
[email protected]
https://www.linkedin.com/in/emma-johnson-28b4452a/

Emma Johnson is an international arbitration practitioner and advocate, and a partner at Ashurst in London. She has been listed as a ‘Next Generation Partner’ in The Legal 500 since 2019. She is also listed as a ‘Rising Star’ in The Legal 500’s international arbitration power list, as ‘Up and Coming’ in Chambers & Partners’ UK Guide for International Arbitration and in Who’s Who Legal.
Emma is qualified in England and Wales. She has experience advising on arbitrations under all of the major arbitral rules, and has particular experience of advising on energy and renewables disputes, arbitrations seated in or subject to the laws of Scandinavia, and African disputes. She has regularly worked as co-counsel alongside counsel from other firms and has conducted advocacy before both civil and common law tribunals.
Emma also has public international law experience, having acted in proceedings for and against states, both under the ICSID Convention and before the International Court of Justice.
Emma is a member of the ICC’s UK Arbitration and ADR Committee. She is a member of the London Court of International Arbitration (LCIA), the Chartered Institute of Arbitrators (CIArb), the International Chamber of Commerce Young Arbitrators Forum (ICC YAF), the London Court of Arbitration Young International Arbitration Group (LCIA YIAG), the Arbitration Institute of the Stockholm Chamber of Commerce – Young Arbitrators Sweden (SCC YAS), the Swiss Arbitration Association – ASA below 40, Young ICSID, the Energy Arbitration Club and Arbitral Women.

Lucy McKenzie
Senior associate, Ashurst LLP
[email protected]
https://www.linkedin.com/in/lucy-mckenzie-6526321bb/

Lucy McKenzie is a senior associate in Ashurst’s dispute resolution practice in London. Lucy’s focus is the resolution of construction and infrastructure disputes for clients in the energy industry. In the renewable energy sector, her recent experience includes acting in disputes involving a CSP plant, onshore and offshore wind farms, biomass projects and energy-from-waste projects. She also works with clients in the oil and gas and natural gas industries. Lucy has acted in international and domestic arbitrations, litigations, adjudications and mediations. She has acted in international arbitrations conducted under the ICC, LCIA, UNCITRAL and ICSID Rules and performs her own advocacy.

Matthew Saunders
Partner, Ashurst LLP
[email protected]
https://www.linkedin.com/in/matthew-saunders/

Matthew Saunders is a partner in Ashurst’s global international arbitration practice, based in London. Matthew is qualified in England and Wales and specialises in arbitration relating to international projects in the energy and resources sectors, with a particular focus on the gas sector. He has extensive experience in arbitrating renewable energy disputes. He has advised a broad range of clients, including sovereign and federal governments, international energy businesses, multinational corporations and financial institutions. He is a member of the London Court of International Arbitration (LCIA), the Chartered Institute of Arbitrators (CIArb) and the Association of International Energy Negotiators (AIEN). He is vice chair of the City of London Law Society International Arbitration Committee.