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Inter-State Disputes and the Global Energy System
Original Program Date :
Length: 60 Minutes
Energy issues have long been a driver of inter-State conflict, from disputes over energy agreements to wars over resource-rich territories. When conflict erupts, it can in turn create risks in the global energy market: threatening critical infrastructure; disrupting reliable and affordable energy supply; and affecting prices. These impacts may themselves give rise to a broad range of international commercial disputes and investor-State arbitration.
On the other hand, energy flows between two States may decrease the likelihood that those States engage in armed conflict. It’s also common for States to seek resolution of broader conflicts (at least in part) through energy-related legal proceedings, as in the case of claims brought by Ukraine against Russia.
This panel will consider the interrelationship between inter-State conflicts and the global energy system; the role of law in mitigating risks and resolving inter-State energy disputes; and emerging “hot spots” for new disputes, including in the clean and renewable energies sectors.
Taylor LeMay, Norton Rose Fulbright US LLP
Taylor LeMay is a Senior Associate in Norton Rose Fulbright’s International Arbitration group. His practice focuses on complex cross-border disputes, including international arbitration, the enforcement of arbitration clauses and awards, and complex commercial litigation in US federal and state courts. His experience includes advising foreign and domestic entities on cross-border contract and business tort disputes, with an emphasis on high-value cases arising from projects and business ventures in Europe and the Middle East in the construction, engineering, energy, and transportation sectors.
Floriane Lavaud, Withersworldwide
Floriane Lavaud is a Partner in the litigation and arbitration group at Withers LLP. Her practice focuses on public international law, international arbitration, and complex litigation, with a particular emphasis on the Middle East. Floriane regularly advises and represents sovereign states, state-owned entities, and multinational corporations in a variety of jurisdictions and fora on issues of civil and common law, public international law, and treaty and contract interpretation, including before the International Court of Justice. She also advises sovereign wealth funds, private equity funds and hedge funds, including in connection with investments in the Middle East.
Frederic Sourgens, Senator Robert J. Dole Distinguished Professor of Law, Tulane Energy Law Center
Freddy is the Senator Robert J. Dole Distinguished Professor of Law and Director of the Washburn Oil and Gas Law Center. He serves as Editor in Chief of Oxford University Press' InvestmentClaims reporter of international arbitral awards between states and foreign investors. He has authored or edited more than a dozen books on international energy law, international dispute resolution and transnational law, including relevantly for our program Evidence in International Investment Arbitration (Oxford University Press, 2018) (with Kabir Duggal & Ian Laird) and A Nascent Common Law, The Process of Decisionmaking in International Legal Disputes Between States and Foreign Investors (Brill | Nijhoff, 2015). Freddy is an active member on the IEL’s International Practice and Academic Outreach committees.
