We asked him how his expertise informs his 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.
I have been involved in energy litigation and arbitration since 1986, including gas supply contracts, take-or-pay disputes, royalty issues, gas measurement issues, gas processing issues, as well as many others.
I have been primarily involved in international arbitration of energy disputes for more than 25 years, including large, complex disputes, such as disputes under Joint Operating Agreements, environmental issues (both domestically and internationally), LNG issues, take-or-pay issues, gas supply issues, drilling disputes, farm-out disputes, concessions, production sharing agreements, stabilization clause issues, tax issues, solar and wind projects, and various other issues relating to sovereigns and state-owned energy companies, including numerous energy-related investment disputes.
I have also been involved in several large construction cases involving energy projects, including refineries, gas processing facilities, and ships. The value of the cases in which I have been involved have ranged from a few million dollars to tens of billions and have included some of the most complex projects and legal issues of domestic and international law.
Q. If applicable, tell us about your experience with cross-border energy disputes.
I have spent the bulk of my practice for the past 25 years addressing cross-border energy disputes on 6 continents, including international commercial arbitrations and investment arbitrations. That has been the heart of my practice for this period of time, which has included more than 200 international arbitrations. The arbitrations have focused on concessions, production sharing agreements, Joint Operating Agreements, gas supply contracts, LNG issues, drilling disputes, farm-out disputes, take-or-pay issues, environmental disputes, investment disputes, and renewable energy disputes involving wind and solar projects. See also my answer above.
Q. What types of energy disputes do you most often see in your work?
Joint Operating Agreements, environmental disputes, renewable energy (wind and solar projects), gas supply contracts and issues, LNG disputes, production sharing agreements, energy industry-related construction disputes, and sovereign-related energy disputes.
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?
I have been deeply involved in handling and arbitrating energy disputes since 1986, and, as many energy disputes are arbitrated, I have served on AAA's energy panel since it was first created.
In fact, I worked with AAA in developing the energy panel at its inception. Both energy disputes and arbitration have been the focus of my practice for most of my career. AAA's administration of energy disputes, both domestic and international, is very professional, and it's a pleasure to work with AAA's staff on these cases. The resources provided by AAA-ICDR to both parties and arbitrators have increased significantly in the past decade.
AAA-ICDR's embrace of AI technology is particularly farsighted, and the provision of Clearbrief AI resources to arbitrators is one prominent example of a very useful tool, which is likely to become even more important in the future.
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?
Traditional oil & gas disputes will continue to be important, and renewable energy issues will increase in importance in the future. In the US, in particular, but also throughout the world, I believe we will see substantial growth in energy infrastructure, especially in electrical, solar, wind, and hydrogen infrastructure in the next decade.
I expect to see even more energy-related disputes in the future, including supply chain disputes, force majeure, trade-related energy disputes, and disputes related to sovereign regulations. Energy disputes will continue to be one of the most prolific areas for arbitration, particularly for international arbitration.
Q. What advice do you have for parties preparing for arbitration or mediation in complex energy disputes?
By definition, counsel are asking the arbitrators to do something, to make specific decisions. They should think about the case from the perspective of the arbitrators. Arbitrators focus on the issues they need to decide and the legal methodology they need to follow in doing so.
Before filing any briefs or memorials, outline precisely the issues the arbitrators must decide and the relationship among those issues. Focus sharply on those specific issues. Consider organizing the pleadings, briefs, memorials, and arguments in a very logical flow according to the legal methodology and legal elements the arbitrators must follow in making their decisions, and focus carefully on the decisions they must make. This will help minimize any disconnect between the advocates and the arbitrators. Don't overstate your case or what you can prove. Credibility is important. Arbitrators need to know they can rely on the accuracy of counsel's statements.