Legal development

Renewable Energy Disputes Resources

    Experts in renewable energy disputes

    With the world demanding more green energy, the transition to renewables is high on the agenda for governments, energy companies and investors in the energy sector. Investments are surging across all forms of renewable energy, in both developed and developing economies.

    As with any fast-moving industry, the opportunity for growth brings with it significant legal and commercial risk. The scope for conflict between industry players is significant - whether in the form of changing regulatory landscapes, technical challenges with new technologies, or existing technologies used in novel and more challenging environments, or the perennial problem of managing time and cost on major projects.

    Ashurst has extensive experience of advising on renewable energy disputes, including acting as legal counsel and advocates in arbitration proceedings. We work as a single cross-border team and alongside our market-leading transactional energy specialists to provide a seamless and informed service to clients. Our experience and unparalleled industry knowledge ensures we avoid, mitigate, manage and resolve our clients’ disputes in the most efficient, commercial and cost-effective manner possible.

    Representative matters

    • A Saudi-based energy company in Paris-seated ICC arbitration proceedings governed by English law relating to what was at the time of its construction the world's largest concentrated solar power (CSP) plant.
    • A number of investors in an energy-from-waste project in a London-seated IChem arbitration proceedings governed by English law, arising out of an EPC and O&M Contract relating to a wood-fired energy-from-waste plant.
    • Three biomass project companies in an ICC umbrella arbitration in relation to termination (and associated claims) of three design-and-build construction contracts of the biomass power plants in England.
    • Dutch and Ukrainian renewables companies in relation to complaint proceedings under the Energy Community Treaty, as well as parallel commercial arbitration and bilateral investment treaty proceedings, and regulatory actions arising out of the issue of one of the first green bonds in the London market.
    • A major Korean contractor in a Singapore-seated ICC arbitration in respect of claims arising out of the onshore construction contract for one of the world's largest geothermal projects in Indonesia.
    • A Middle Eastern construction company in London-seated LCIA arbitration proceedings relating to the supply of materials to be used in the fabrication of substructures for use in a North Sea offshore wind project.
    • A Korean project company in a Singapore-seated, ICC arbitration in relation to claims arising out of a onshore construction contract for a hydroelectric power project in Indonesia.
    • A European specialist plant contractor in a DIFC-seated, DIFC-LCIA arbitration against the head contractor for the construction and operation of a photovoltaic (PV) solar independent power project in Abu Dhabi.
    • A Dubai-based construction company in English law governed LCIA arbitration proceedings regarding claims affecting jackets for offshore wind projects. 

    Visit our International Arbitration home page for more information on our arbitration practice  > >

    Publications

    • The new wave of renewable disputes: Effective and efficient dispute management
    • The new wave of renewable disputes: How can commercial parties protect themselves?
    • Potential legal implications of proposed EU and UK caps on low-carbon generation pricing
    • Renewables Projects: Ten reasons you should be seeking to secure investment treaty protection
    • Renewables projects: five reasons why you should be thinking about international arbitration as a dispute resolution mechanism
    • The top 5 disputes on renewable energy projects and how to avoid or manage them
    • International Arbitration of Renewable Energy Disputes
    • 2021 Energy Transition Investment Report (PDF)
    • 2020 Energy Transition Investment Report (PDF)

    Resources

    Podcasts

    Listen to our series of podcasts on the topic of international arbitration. We share the lessons we have learnt from acting on such disputes.

    International Arbitration

    Read expert analysis, insights and commentary on commercial international arbitration and investment treaty protection.

    Energy Transition

    Read insights and commentary on recent developments and hot topics in energy transition, including our 2021 Energy Transition Investment Report.

    The information provided is not intended to be a comprehensive review of all developments in the law and practice, or to cover all aspects of those referred to.
    Readers should take legal advice before applying it to specific issues or transactions.

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