International Arbitration in the Energy Sector

摘要

Professor Maxi Scherer's book, International Arbitration in the Energy Sector, published by OUP, is an edited collection of short pieces on matters broadly covering arbitration in the energy sector in its various shapes and forms. Scherer is well known for her contribution to the study and practice of arbitration as special counsel at Wilmer Hale, and the Chair for International Arbitration, Dispute Resolution and Energy Law at Queen Mary, University of London. As expected, she has managed to gather a truly diverse collection covering a broad array of energy arbitrations where the list of the contributors reads as a "who's who" of academics and practitioners operating on the nexus of energy and dispute resolution globally. The quality of this edited collection overall is a testament to Scherer's command of the subject and her valuable experience in the field. Following a concise introduction penned by Scherer in Ch. 1, the book contains 17 substantive chapters, which have been organised logically into three parts based on the mode of arbitration process adopted and the parties to an energy dispute. Part Ⅰ deals with commercial arbitrations between private parties or, as Scherer describes these, "commercial companies" in Chs 2-6. This does appear to be quite a broad category and might perhaps be considered too broad if it was intended that this should be a cohesive grouping with an audience of energy lawyers in mind. After all, an arbitration arising from a gas pricing arrangement is inherently different from a dispute arising from electricity distribution or a financing agreement designed for photovoltaic projects. This said, however, there is certainly some merit in considering commercial arbitrations in contrast to investor-state arbitrations in Pt Ⅱ and state-state arbitrations in Pt Ⅲ, especially having regard to the expectations and concerns of litigators and arbitration practitioners dealing with energy disputes.