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8 - Industry-Specific Clauses and Their Interpretation

from Part III - Scope and Interpretation of Arbitration Clauses

Published online by Cambridge University Press:  08 October 2020

Larry A. DiMatteo
Affiliation:
University of Florida
Marta Infantino
Affiliation:
University of Trieste
Nathalie M-P Potin
Affiliation:
Lyon Catholic University
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Summary

Some industries have avoided using standard or generic arbitration clauses by developing industry-specific clauses. This chapter focuses on the energy sector and its view of arbitration as reflected in its widely used arbitration clause. Given the specificity and uniqueness of the industry, energy disputes are mostly settled through alternative dispute resolution methods. From a legal standpoint, the regulations and practices related to the energy sector are complex and chaotic due to the technical nature of the energy industry. In such a context, energy dispute resolution cases are unusually complex. Large energy transactions, projects or contracts almost always have an international dimension, and the preferred means of dispute resolution is international arbitration.

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Publisher: Cambridge University Press
Print publication year: 2020

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