Ann Ryan Robertson is an Independent Arbitrator who has resolved disputes brought pursuant to the rules of the major arbitral institutions.
She served as the 2021 global President of the Chartered Institute of Arbitrators, was the chair of the committee responsible for the 2021 revision of the ICDR Rules, and is a member of AIEN. Ann holds a J.D. as well as an LLM in International Economic Law and is a frequent speaker and author on issues in the energy sector. Prior to establishing her independent arbitrator practice, Ann spent 14 years in the international arbitration/arbitration/litigation practice at Locke Lord LLP k/n/a Troutman Pepper Locke. She began her career as a trial attorney, handling a variety of cases in the energy sector.
We asked her how her expertise informs her approach on the AAA Energy Dispute Resolution Panel.
Q. Tell us about your background in the energy industry and resolving energy disputes, including areas such as regulatory compliance, environmental matters, joint ventures, or other complex energy issues.
Having practiced law for over four decades, my initial experience was as counsel in energy disputes. Those disputes ran the gamut from “white oil,” gas supply agreements, joint ventures, joint operating agreements, production sharing agreements, drilling practices, price re-openers, and a variety of oilfield services disputes. As an arbitrator, I have experience in resolving joint venture and production sharing disputes, disputes concerning the rights and obligations arising under gas supply agreements, and oilfield services disputes.
Q. If applicable, tell us about your experience with cross-border energy disputes.
As counsel, I was involved in an arbitration regarding the obligations of an Irish operator in relation to an oil concession off the coast of Africa and an arbitration regarding an oilfield services dispute centered in Nigeria involving US and Nigerian companies. As an emergency arbitrator, I resolved a dispute between an interest owner and operator regarding an oil concession off the coast of an Asian country.
Q. What types of energy disputes do you most often see in your work?
I primarily see disputes arising under joint venture agreements and joint operating agreements.
Q. What drew you to ADR to work in the energy space? What do you value most about serving as a neutral on AAA's Energy panel?
As Houston, my hometown, is the “Energy Capital of the World,” it is not so much that I was drawn to the energy space, as “energy” touches the vast majority of the disputes emanating from Texas. While many of my family, including my father, worked in the oil industry, it was not until law school that I was introduced to the intricacies of what was then referred to as “oil and gas” law. Today, oil and gas are just one facet of the energy sector. The evolution of energy beyond traditional oil and gas due to emerging technologies makes the resolution of energy disputes dynamic and intellectually rigorous.
The AAA-ICDR, in my opinion, has superior arbitration rules. The AAA-ICDR has demonstrated time and again that it is an institutional leader. Perhaps one of the best examples is the introduction of the Emergency Arbitrator Rule in 2006, a concept now enshrined in almost every arbitral institution’s rules. In addition, the AAA-ICDR offers outstanding support not only to the parties but also to the arbitrators. I greatly appreciate this support and the fact that, when acting as a co-arbitrator and charged with finding a tribunal chair, there is a ready pool of energy arbitrators to assist in that process. I value that my years of experience contribute to the strength of the energy panel.
Q. What emerging trends are you seeing in the Energy sector? What developments do you think will most shape the future of dispute resolution in this area?
Due to the energy revolution in renewables, hydrogen, carbon capture, and biofuels, to name just a few, the foremost trend is the emergence of energy disputes falling outside the purview of traditional oil and gas disputes. As a result, parties are beginning to value the importance of having not only counsel, but also arbitrators, with energy experience.
Q. What advice do you have for parties preparing for arbitration or mediation in complex energy disputes?
The importance of intellectual rigor cannot be overstated. Energy disputes often require the interpretation of multiple contracts, and counsel should have a complete understanding of their interplay. Equally important, counsel should have experience not only in the energy sector but also in arbitration. If the dispute is international, counsel needs a full understanding of the differences between international and domestic arbitration in order to properly serve their client.