Alternative Dispute Resolution in Energy Industries

<p>The disputes that arise between host states and investors in the energy sector put a high number of valuable and vital projects in the countries at risk. Investment treaty arbitration mechanisms, as the traditional remedy, have provided a solution to these problems for decades. However, as the number of disputes increases, the sufficiency of arbitration in responding to disputes became questionable in addition to the long-lasting and costly cases. Accordingly, ADR mechanisms outside the arbitration cannon have triggered growing interest among practitioners. <br>Despite the attraction and the apparent benefits of ADR such as being cheaper, faster and with better outcomes compared to arbitration, there are also hurdles in front that hinder the application of ADR. This has lead to the underuse of ADR in appropriate contexts. <br>This study has been conducted to research the gap for the applicability of the ADR methods for investment disputes in the energy sector with the doctrinal analysis of the existing literature either promoting or opposing ADR. Its findings provide guidance for alternative dispute resolution practitioners on when to use ADR, how to use ADR and on what disputes ADR to be used to resolve conflicts in International Energy Investment.</p> <p><b>CHAPTER I – INTRODUCTION </b></p><p>Background </p><p>Rationale Behind the Emergence of ADR </p><p>Criticism and Justification </p><p>CHAPTER II - ALTERNATIVE DISPUTE RESOLUTION MECHANISMS </p><p>Introduction </p><p>Historical Background of ADR </p><p>Definition of ADR </p><p>Purpose of the ADR </p><p>Positive Sides of ADR </p><p>Challenges and Threats to the Practice of ADR </p><p>Negotiation </p><p>Mediation </p><p>Conciliation </p><p>Expert Determination </p><p>Neutral Evaluation </p><p>Fact-finding </p><p>Mini-trial </p><p>Ombudsman </p><p>Dispute Review Boards </p><p>Enquiry </p><p>CHAPTER III - ADR IN CURRENT INVESTMENT LAW REGIME </p><p>International Investment Treaties </p><p>Investment Contracts </p><p>Domestic Dispute Resolution Mechanisms </p><p>CHAPTER IV – DRAWBACKS of ISDS SYSTEM </p><p>History of ISDS </p><p>A General View to ISDS </p><p>Diplomatic Protection </p><p>Court Litigation </p><p>Negative Impacts of the Arbitration on the Parties </p><p>Discontinued and Settled Arbitration Cases </p><p>Assistive Procedures to Arbitration </p><p>Seeking a Way Out: Hybrid Methods </p><p><b>CHAPTER V - INSTITUTIONAL ADR RULES </b></p><p>Conciliation </p><p>Mediation </p><p>Expert Determination </p><p>Fact-finding Rules (ICSID Additional Facility) </p><p>Early Neutral Evaluation Agreement - CEDR Model </p><p>Dispute Board Rules of CIArb </p><p>CHAPTER VI – ADR IN ENERGY INVESTMENT DISPUTES </p><p>Fundamentals of Energy Investment Disputes </p><p>Type of the Disputes </p><p>Stages of the Disputes </p><p>Amount of the Dispute </p><p>Critiques and Challenges to the Application of ADR </p><p><b>CHAPTER VII: CONCLUSION </b></p><p>Overview </p><p>How Can ADR Succeed? </p><p>Host State Approach </p><p>Closure </p><p>BIBLIOGRAPHY </p>