Electronic Alternative Dispute Resolution, smart contracts and equity in the energy sector

Zeenat Beebeejaun, Alessio Faccia*

*Corresponding author for this work

Research output: Contribution to journalArticlepeer-review

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Abstract

The intrinsic complex nature of Contracts in the Energy sector leads to frequent international disputes. The complexity is generated by (i) the involvement of multiple stakeholders with potentially conflicting interests (Multinational Companies, State-Owned Companies, Host States and their citizens); (ii) transnational jurisdictions divergence (local laws, investor’s country laws, international practices and regulations); and (iii) changes in the laws and regulations over time (long-term nature of Energy contracts). Therefore, not surprisingly, traditional litigation in the Energy sector is often replaced with Alternative Dispute Resolution (ADR) through the recurrent application of Arbitration clauses. This article aims to improve dispute management in the Energy sector by encouraging best ADR practices. Modelling and Conceptual research approaches are adopted to encourage the introduction of the smart contract. The analyses triggered the drafting of a model for contractual automation. Recurring top clauses are mapped and associated with Equity solutions. Moreover, a comprehensive, efficient and feasible ‘Electronic ADR’ framework is shaped to prevent (or automatically settle) disputes in the Energy sector.
Original languageEnglish
Pages (from-to)97–113
Number of pages17
JournalThe Journal of World Energy Law & Business
Volume15
Issue number2
Early online date24 Mar 2022
DOIs
Publication statusPublished - Apr 2022

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