文章基本信息

标题：Dispute Resolution in the Energy Sector: Wither Thou Goest?
本地全文：下载
作者：Ann Ryan Robertson ; Elizabeth Whitsitt
期刊名称：Alberta Law Review
印刷版ISSN：1925-8356
出版年度：2020
卷号：58
期号：2
页码：315-315
出版社：Alberta Law Review
摘要：This article examines developments in international commercial arbitration and investment treaty arbitration relevant to the energy sector in Canada and the United States and discusses their advantages and disadvantages. Jurisdictions in Canada and the US have taken a wide variety of approaches to legislative schemes and their interpretation. This has created uncertainty respecting the involvement of the courts in cross-border disputes where the parties have agreed to an arbitration clause. Further, the Canada-United States-Mexico Agreement has eliminated investment treaty arbitration between Canada and the US which existed in the North American Free Trade Agreement, limiting the options of investors to pursue investment treaty claims. These developments may clarify how energy sector participants should strategically manage their contractual arrangements and arbitration clauses and approach disputes.