Dispute Resolution in Energy-related Agreements: how to Choose the Right Means and Draft a Proper Clause

摘要

The analysis above is not intended to be exhaustive as there is much more to say about ADR in energy-related agreements than what said above. However, the analysis gives a hint of the fact that there is no unique rule to establish which means of dispute resolution is the best one to use when dealing with energy transactions. Much of the choice will depend on the more "concrete" aspects of the contract as well as on the nature of the parties and their commercial relationship. What is certain, however, is that, when agreeing on how disputes should be resolved, the parties should pay attention to a number of factors that are not always evident at the negotiation stage and not easy to understand for non-practitioners. In a nutshell, when it comes to midnight clauses, the parties should seek the advice of their internal or external counsel, who can help them better understand the differences between the various means of ADR and the impact that a specific choice can have on the outcome of disputes as well as on the commercial relationship with their contractual counterparty.