1. Litigating with Sovereigns in the
Energy Sector
Vienna Forum on European Energy Law
14 March 2014
Dr. Johannes Koepp
2. Dispute With Host State: Options
Court Proceedings in Host State
Arbitral Proceedings under Production Sharing
Agreement
Arbitral Proceedings under Bilateral Investment
Treaty or Energy Charter Treaty
3. Arbitration under BIT
Substantive Protection: Expropriation, Fair and Equitable
Treatment, National Treatment, MFN Treatment
Notion of Investor/Investment
Umbrella Clauses
Dispute Resolution
Compatibility with EU law
Risk of Retaliation
4. Arbitration under PSA
Seat of the Arbitration
Institutional or Ad-Hoc Arbitration
Applicable Law
Counterclaims
Confidentiality
5. Recognition and Enforcement
ICSID Convention
New York Convention
Location of Assets
Sovereign Immunity
Freezing Order