Navigating arbitration in energy concession agreements: pitfalls, protections & precedents

Arbitration plays a vital role in resolving disputes that arise under energy concession agreements, which frequently span multiple jurisdictions and involve intricate legal, commercial, and regulatory frameworks. This session will explore how arbitration is strategically used to resolve such disputes, focusing on common pitfalls in drafting arbitration clauses, the role of protective contractual mechanisms, and insights from key international precedents.

Participants will gain practical knowledge on how to structure arbitration clauses that minimize risk, safeguard enforceability of awards, and align with evolving international standards. The session is particularly relevant for legal advisors, energy professionals, and stakeholders involved in large-scale infrastructure or natural resource projects. 

Key Takeaways:

• Avoiding Common Pitfalls: Identify and prevent frequent issues in arbitration clauses within energy concession agreements, such as vague language and jurisdictional conflicts.
• Strengthening Legal Protections: Learn how to structure arbitration provisions that protect investor interests and ensure enforceability across jurisdictions.
• Learning from Precedents: Understand landmark arbitration cases in the energy sector and how their outcomes can inform smarter contract drafting and dispute resolution strategies.

Speakers:

James Holden, Partner, White & Case

James Holden is a partner in the Dispute Resolution group in the London office of White & Case, whose practice focuses on international arbitration, with an emphasis on East Africa. James advises clients in complex disputes and acts as an advocate in international arbitrations. He has broad experience across a number of sectors, including infrastructure, power, and oil and gas, and has particular expertise in construction and engineering disputes. His approach is to gain a deep understanding of the technical issues that are central to the dispute and to use this to develop innovative strategies to deliver clients' commercial goals. James has acted as counsel in arbitrations around the world and under the rules of all major arbitral institutions. He also has experience of Dispute Adjudication Boards and a broad range of litigation in the English Courts, including anti-suit injunctions in support of arbitration and enforcement proceedings.

Jean-Marie van der Elst, Managing Director- Econ One Research 

Finance and quantum expert with a proven track record in international arbitration. Combines corporate, entrepreneurial, and academic experience with deep expertise in valuations, damages, and socioeconomic impact analyses across sectors including energy, infrastructure, and investor-state disputes. Regularly testifies before international tribunals.

Lucy Garett, KC, Barrister, Keating Chambers 

Lucy is a leading KC specialising in construction, engineering, energy and shipbuilding, with a particular focus on projects involving complex factual, technical and contractual disputes. She has extensive experience of high value, high profile litigation and arbitration in relation to major infrastructure projects, including PFI, and energy projects from windfarms to nuclear. Her practice includes claims for and against construction professionals in these sectors and project-related issues such as insurance, bonds and guarantees. She is also instructed in relation to Building Liability Orders and Remediation Contribution Orders. Lucy also advises on and acts in adjudications, from referral stage to enforcement. She is described in the directories as “an out-and-out star”, “a dream to work with”, “a gifted legal mind” and “a brilliant advocate with a superb way of persuading judges”

Moderator

Vivek Malviya, Director, Masin 

Vivek Malviya brings over 12 years of extensive experience in Project Control and Planning, encompassing Scheduling, Monitoring, Contract Management, Risk Mitigation, Resource Management, Business Analysis, and Digital Transformation. His project portfolio spans across diverse sectors including metro, railways, highways, bridges, infrastructure development, real estate, and institutional complexes, with project costs ranging from US$40 million to US$500 million. Vivek has demonstrated his expertise while working with renowned groups such as G R Infraprojects Limited, GMR Infrastructure Limited, Kalpataru Power Transmission Limited, and Shapoorji Pallonji & Company Private Limited. He is recognized for his ability to manage varied projects effectively and for his contributions in driving process improvements through innovative ideas.