Starting a Claim in an Energy Dispute - Checklist

Drafting Note

This Checklist identifies the key factors that you should consider when advising a prospective claimant in relation to how to pursue a claim in an energy dispute. This includes a broad range of claims, the common factor in which is that they arise in the energy industry and so will comprise claims relating to oil and gas exploration and production, the construction and operation of facilities for processing and transporting hydrocarbons, the generation of power and sale of the energy. By their nature, energy projects are often complex and multi-layered and usually involve international elements. Accordingly, maintaining from the outset a clear checklist of all the general and specific issues which need to be considered when dealing with such a dispute is recommended.

Checklist

Action

Comments

Notes

Consider any cross-border issues

Given the likely international element(s) to the dispute, you will need to consider at the outset:

  • the applicable (or governing) law of the contract(s). If not expressly stated within the documentation then consider relevant conflict of laws rules; and

  • where any dispute may be litigated or arbitrated, with reference to any express contractual choice of jurisdiction provision.

Arbitration or litigation?