Despite a temporary decline in energy usage and emissions resulting from the confinement policies adopted by many states in response to the Covid-19 pandemic, the world is not on track to meet the Paris Agreement climate change goals. In order to bridge the 'emissions gap' by 2030, the energy industry is critical to achieving the necessary cuts to emissions, however, it must also balance increasing energy demand with the need to achieve sustainability of energy supply for future generations. This requires the industry to transition from dependence on fossil-fuel sources and look to new technologies that underpin a low-carbon economy. Renewables are central to this transition.

The increase in renewable energy capacity globally and the complex and relatively untested nature of renewables projects and the contracts underlying them 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 leading process for resolving the many and varied disputes that can arise in the lifetime of a renewables project.

In light of the increased prevalence of renewable disputes, this Special Report considers:

• the defining characteristics of renewables projects;
• the scope for disputes to arise in the implementation of these projects at an inter-state, investor-state and commercial level;
• the suitability of arbitration to resolve these disputes, and how its processes can be adapted to resolve them in an efficient and effective way; and
• what the future of arbitration of renewable energy disputes might look like.

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 and help push energy transition forward.

Overall, the report is a perfect guide for anyone who wants to get a full picture of the main issues relevant for renewable energy arbitration disputes as it accurately identifies the unique features of renewable energy projects which investors and practitioners have to pay special attention to.
Ioana Knoll-Tudor
Global Energy Law and Sustainability (Edinburgh University Press)

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 was listed as a ‘Next Generation Partner’ in The Legal 500 2019, 2020 and 2021, and a ‘Rising Star’ in its international arbitration power list. Emma is qualified in England and Wales. She has experience of advising on arbitrations under all of the major arbitral rules, and she has particular experience of advising on energy and renewables disputes, arbitrations seated in or subject to the laws of Scandinavia, and African disputes, and has conducted advocacy before both civil and common law tribunals.
She 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 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 and Arbitral Women.

Lucy McKenzie
Associate, Ashurst LLP
[email protected]
https://www.linkedin.com/in/lucy-mckenzie-79189858/

Lucy McKenzie is an associate in Ashurst’s dispute resolution practice in London. Lucy holds degrees in law and arts and is qualified in Australia. Lucy’s main focus is the resolution of disputes arising in construction and infrastructure projects and renewable energy projects. In the renewable energy sector, her recent experience includes acting in disputes involving a concentrated solar power plant, onshore and offshore wind farms, biomass projects and energy-fromwaste projects. Lucy has acted in international and domestic arbitrations, litigations, adjudications and mediations.

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

Matthew Saunders is a partner and head of Ashurst’s global international arbitration practice, based in London. Matthew is qualified in England and Wales and focuses on international arbitration relating to international projects in the water, energy and resources sectors, with a particular focus on investment treaty arbitration. He has experience advising a broad range of clients, including sovereign and federal governments, international energy businesses, multinational corporations and financial institutions. Most recently, he has advised extensively on force majeure and ‘change in law’ provisions in the context of COVID-19. He is a member of the London Court of International Arbitration (LCIA), the Chartered Institute of Arbitrators (CIArb) and the Association of International Petroleum Negotiators (AIPN). His practice covers both contract and investment treaty arbitration.