scholarly journals Recent Judicial Decisions of Interest to Energy Lawyers

2019 ◽  
pp. 503
Author(s):  
Bryan Walker ◽  
Lucy L'Hirondelle
Keyword(s):  
Dispute Resolution ◽  
Alternative Dispute Resolution ◽  
Competition Law ◽  
Case Law ◽  
Background Information ◽  
Environmental Cleanup ◽  
Indigenous Law ◽  
Judicial Decisions ◽  
The Past

This article summarizes a number of recent judicial decisions of interest to energy lawyers. The authors review and comment on the past year’s case law in several areas including alternative dispute resolution, bankruptcy and insolvency, contractual interpretation (including operator agreements), competition law, corporate separateness, damages and limitations of liability, Indigenous law, torts, and selected developments relating to summary dismissal. Specific topics addressed include the interpretation of exclusion clauses; the reaffirmation of the principle of corporate separateness; confirmation that environmental cleanup costs take priority over creditors in bankruptcy proceedings; confirmation that the development, passage, or enactment of legislation does not trigger the duty to consult; and apportionment of liability and Pierringer agreements. For each case, some background information is provided, followed by a brief explanation of the facts, a summary of the decision, and commentary on the outcome.

scholarly journals Recent Judicial Decisions of Interest to Energy Lawyers

2017 ◽  
Author(s):  
Kevin Kerr ◽  
Ben Rogers ◽  
Marita Zouravlioff
Keyword(s):  
Climate Change ◽  
Constitutional Law ◽  
Environmental Law ◽  
Case Law ◽  
Good Faith ◽  
Background Information ◽  
Labour Law ◽  
Judicial Decisions ◽  
The Past ◽  
Aboriginal Law

This article summarizes a number of recent judicial decisions of interest to energy lawyers. The authors review and comment on the past year’s case law in several areas including Aboriginal law, contractual interpretation, corporate governance and shareholder rights, employment and labour law, environmental law, utility regulation, constitutional law, and selected developments in civil procedure. Specific topics addressed include the duty to consult, plans of arrangement, the duty of good faith in contractual relations, environmental claims upon insolvency, and the constitutionality of federal climate change legislation. For each case, some background information is given, followed by a brief explanation of the facts, a summary of the decision, and some commentary on the outcome.

scholarly journals Party Autonomy

1999 ◽  
Vol 30 (1) ◽  
pp. 257
Author(s):  
Robin Cooke
Keyword(s):  
New Zealand ◽  
Dispute Resolution ◽  
Alternative Dispute Resolution ◽  
Case Law ◽  
New Delhi ◽  
Party Autonomy ◽  
National Bank ◽  
Formative Experiences

This is an augmented version of a paper delivered at the International Centre for Alternative Dispute Resolution, New Delhi, in December 1998. Party autonomy describes the principle whereby the parties to a dispute have full autonomy when making their arbitration agreement. The author discusses the Arbitration and Conciliation Act 1996 of the Parliament of India, focusing on the principle of party autonomy. He describes his formative experiences to arbitration in cases like Wellington City v National Bank of New Zealand Properties Ltd, the Arbitration and Conciliation Act itself, Indian case law before the Arbitration and Conciliation Act, and a brief look at New Zealand's Arbitration Act 1996. 

Part II The Member State Reports on Transposition of the Directive, 16 Spain

2018 ◽  
Author(s):  
Marcos Francisco
Keyword(s):  
Member State ◽  
Dispute Resolution ◽  
Alternative Dispute Resolution ◽  
Competition Law ◽  
Civil Procedure ◽  
General Overview ◽  
Full Compensation ◽  
The Right

This chapter examines the transposition of the Antitrust Damages Directive in Spain. It begins with a general overview of the transposition process, focusing on the Transposition Decree that inserts new articles in the Defence Competition Act of 2007 and in the Civil Procedure Act. It then describes the material, territorial, and temporal scope of the Transposition Decree before analysing the main issues concerning antitrust damages claims affected by the Transposition Decree or that may be relevant in future actions for damages, such as those relating to the jurisdiction of competent courts to decide damages claims based on infringements of competition law, the right to full compensation, joint and several/parental liability, passing-on of the harm and claims by indirect purchasers/suppliers, the limitation period for bringing damages claims, the use of alternative dispute resolution procedures, measures to facilitate claims, and collective claims and consumer redress.

scholarly journals Alternative Methods of Dispute Resolution as a Measure to Reduce the Workload on Courts: A Comparative Legal Study (Part 2)

Lex Russica ◽  
2021 ◽  
pp. 144-155
Author(s):  
N. S. Posulikhina ◽  
A. B. Kozyreva
Keyword(s):  
European Commission ◽  
Dispute Resolution ◽  
Alternative Dispute Resolution ◽  
Alternative Methods ◽  
Sharp Transition ◽  
The Past ◽  
Judicial Practice ◽  
Gradual Development ◽  
The Eu

The paper considers alternative methods of dispute resolution as a measure to reduce the workload on the courts. At present, the need to reduce the workload on courts is quite acute in Russia. According to the members of the European Commission for the Efficiency of Justice (CEPEJ), a large workload on courts (and, accordingly, on judges) seriously affects the quality of justice and the timing of the consideration of cases. It should be noted that all judicial systems of the world without exception face this problem, but the statistics of the European Commission for the Efficiency of Justice (CEPEJ) shows that over the past few years the burden on courts and judges has significantly decreased in the EU countries.The authors summarize that foreign judicial practice has successfully tested working tools to reduce the burden on courts, which the Russian judicial system may well borrow. However, these tools require gradual development and elaboration given all Russian legal realities. A sharp transition to alternative dispute resolution may negatively affect the quality of dispute resolution in Russia. If the legislator restricts the ability of citizens to consider disputes in courts (for example, by increasing court fees), but at the same time alternative dispute resolution methods will remain at a low level of legal and social development (citizens’ distrust, weak legislative elaboration, etc.), then citizens will completely lose the platform for legal dispute resolution. It is quite possible that we will return to the criminal experience of the economy of the 1990s.

scholarly journals ODREĐIVANJE VISINE NAKNADE ŠTETE U MEĐUNARODNOJ INVESTICIJSKOJ ARBITRAŽI S OBZIROM NA UTVRĐENU POVREDU I METODU IZRAČUNA

2021 ◽  
Vol 37 (2) ◽  
pp. 105-136
Author(s):  
Jadranka Osrečak
Keyword(s):  
Dispute Resolution ◽  
Alternative Dispute Resolution ◽  
Case Law ◽  
International Investment ◽  
Legal Issues ◽  
Investment Arbitration ◽  
Inclusive Approach ◽  
Arbitration Proceeding ◽  
Dispute Resolution Mechanism

International investment arbitration as an alternative dispute resolution mechanism for resolving disputes between foreign investors and host states is also a favourite dispute resolution for investors. It consist of three parts, all of which can be resolved separately. These are jurisdiction, merits and damages. Consequently, it is possible for a tribunal to render one, two or even three arbitral awards, depending on the tribunal decision to bifurcate/trifurcate the proceedings or not. This shows the complexity of each of the stages of the arbitration proceeding. The paper deals with the issue of reparation, specifically compensation for damage caused as the main form of reparation for damage. It gives an overview of the legal issues affecting the amount of awarded damages, the main methods for calculating damages, as well as the applicable case-law and statistics in relation to the legal issues and calculating methods. The paper argues that only a proactive and inclusive approach in respect to determining damages including a detailed fact analysis for legal qualification of the dispute and determination of the best damages assessment methods, can give satisfactory results.

Alternative dispute resolution, Africa, and the structure of law and power: the Horn in context

1999 ◽  
Vol 43 (1) ◽  
pp. 63-70 ◽  
Author(s):  
Elisabetta Grande
Keyword(s):  
Dispute Resolution ◽  
Alternative Dispute Resolution ◽  
Dispute Settlement ◽  
Political Leadership ◽  
Complex Societies ◽  
Horn Of Africa ◽  
Legal Transplant ◽  
The Past ◽  
The One ◽  
Dispute Resolution Mechanism

Data collected by comparative legal scholars show that legal transplants usually take place from more complex societies to less complex ones. By contrast, the alternative dispute resolution (ADR) movement that has recently developed in modern societies has been described as a return to a simple model of dispute settlement used in the past and in modern non-Western societies. Does this mean that we are experiencing a new kind of legal transplant, a transplant from less complex to more complex societies? In this article I will argue that this is not the case. Far from being a transplant from the southern to the northern hemisphere, ADR seems indeed to be a modern legal institution born from the retreat of the state from some of its traditional functions. A different question thus needs exploring: is ADR, at least, an institution that can easily be transplanted to Africa where the original transplant of the Western state has failed? In other words, is conciliatory ADR more similar to the African way of dealing with conflicts and consequently to be recommended as the dispute resolution mechanism for modern African states? The question appears to be appropriate in situations such as the one in the Horn of Africa—particularly Eritrea—where the new political leadership is confronting the difficult task of building a new legal system.

Traditional Justice System as Alternative Dispute Resolution Under Article 159(2)(C) of the Constitution of Kenya, 2010

2021 ◽  
Vol 1 (1) ◽  
pp. 22-40
Author(s):  
Emily Kinama
Keyword(s):  
Comparative Analysis ◽  
Dispute Resolution ◽  
Alternative Dispute Resolution ◽  
Justice System ◽  
Multidisciplinary Approach ◽  
Case Law ◽  
Criminal Proceedings ◽  
Justice Systems ◽  
Civil Cases ◽  
The Right

There are various forms of justice. It cannot be limited to legal justice. This paper explores the potential of traditional justice systems under the Constitution. It illustrates the need for a multidisciplinary approach in order to fully realise the right to access justice. Through a comparative analysis as well as case law, the paper demonstrates how alternative dispute resolution is not limited to civil cases, but can be applied to criminal proceedings. Challenges are pointed out and recommendations made on how to improve and effectively manage traditional justice system

16. Alternative dispute resolution

2020 ◽  
pp. 605-638
Author(s):  
Steve Wilson ◽  
Helen Rutherford ◽  
Tony Storey ◽  
Natalie Wortley ◽  
Birju Kotecha
Keyword(s):  
Dispute Resolution ◽  
Alternative Dispute Resolution ◽  
Case Law ◽  
The Cost ◽  
Do So

Alternative Dispute Resolution (ADR) describes any method of resolving legal disputes other than through litigation in the ordinary courts or tribunals. ADR includes methods such as arbitration, mediation, adjudication, conciliation, med-arb, and early neutral evaluation/expert determination. This chapter explains why ADR in general exists, its many advantages (compared to litigation) as well as its disadvantages, and the differences between the various forms of ADR. The chapter examines the case law over the last fifteen years on the ‘cost consequences’ of a failure by one party to a legal dispute to engage in ADR when presented with the opportunity to do so. The chapter considers whether ADR should ever be made compulsory and the extent to which the parties to a dispute, having agreed to resolve their dispute through ADR, can be compelled to honour that agreement.

18. Alternative dispute resolution

2018 ◽  
Author(s):  
Steve Wilson ◽  
Helen Rutherford ◽  
Tony Storey ◽  
Natalie Wortley
Keyword(s):  
Dispute Resolution ◽  
Alternative Dispute Resolution ◽  
Case Law ◽  
The Cost ◽  
Do So

Alternative Dispute Resolution (ADR) describes any method of resolving legal disputes other than through litigation in the ordinary courts or tribunals. ADR includes methods such as arbitration, mediation, adjudication, conciliation, med-arb, and early neutral evaluation/expert determination. This chapter explains why ADR in general exists, its many advantages (compared to litigation) as well as its disadvantages, and the differences between the various forms of ADR. The chapter examines the case law over the last fifteen years on the ‘cost consequences’ of a failure by one party to a legal dispute to engage in ADR when presented with the opportunity to do so. The chapter considers whether ADR should ever be made compulsory and the extent to which the parties to a dispute, having agreed to resolve their dispute through ADR, can be compelled to honour that agreement.

scholarly journals The Damages Directive and Consensual Approach to Antitrust Enforcement

2015 ◽  
Vol 8 (12) ◽  
pp. 181-194
Author(s):  
Raimundas Moisejevas
Keyword(s):  
Dispute Resolution ◽  
Alternative Dispute Resolution ◽  
Competition Law ◽  
Mediation Process ◽  
Private Enforcement ◽  
Member States ◽  
Legal Costs ◽  
To Receive ◽  
The Eu ◽  
Consensual Approach

The article focuses on the novelties introduced by the Damages Directive in the field of consensual settlements of disputes concerning private enforcement. The Damages Directive obliges Member States to ensure that the limitation period for bringing an action for damages is suspended for the duration of any consensual dispute resolution process. The Directive also establishes the main principles that govern the effect of consensual settlements on subsequent actions for damages. Since the EU framework for consensual dispute resolution of private enforcement disputes is quite new, many issues must still be solved in Member States’ practice. While analysing consensual dispute resolution in private enforcement cases, particular interest should be paid to mediation and arbitration as a form of Alternative Dispute Resolution (ADR). Mediation is often used in competition law litigation. In a mediation process, parties are subject to fewer legal costs than in litigation and arbitration. It may thus be concluded that consensual dispute resolution is usually a faster way to receive compensation. However, voluntary arrangements and ADR in competition law still raise many problems concerning both procedural and substantial legal acts

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