Planned Giving Presentation for Ottawa County Parks Foundation
Litigating with Sovereigns in the Energy Sector
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