Scott Marrs has over 30 years of experience with domestic and international tribunals in complex energy-related matters.
He has five years in the energy industry negotiating a wide array of energy contracts before becoming an attorney, then joined Vinson & Elkins and subsequently Beirne, Maynard (eventually serving as Chairman), which merged practice groups into Akerman LLP. He has served as outside General Counsel to two energy-related entities, is active with The Texas General Counsel Forum (Board Member), Institute for Energy Law (IEL) (Advisory Board), Fellow of the College of Commercial Arbitrators (CCA), Chartered Institute of Arbitrators (CIArb), and the American Board of Trial Advocates (ABOTA).
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 started in the energy industry negotiating and administering a wide array of energy contracts for five years before becoming an attorney. Tried energy cases at Vinson & Elkins, then Beirne, Maynard & Parsons (eventually serving as Chairman), then merged practice groups into Akerman LLP. As an advocate, I have represented large and small onshore and offshore oil and gas companies, independent operators, landowners, and service companies in both domestic and international high-stakes energy-related disputes.
Garnered over 20 years of extensive experience as an Arbitrator (Chair, sole and co-arbitrator) in domestic and international energy arbitrations with various tribunals in complex energy-related (upstream, midstream and downstream) matters, both onshore and offshore, involving oil and gas exploration, drilling, downhole issues, production, LNG projects, charters, transportation, storage, alternative energy, petrochemical, COPAS, pipeline, force majeure, tariff, lease, marketing, well service, drilling contracts, MSAs, JOAs, AMIs, royalty, solar, geothermal, wind, battery technology and other energy-related issues.
Q. If applicable, tell us about your experience with cross-border energy disputes.
Have been fortunate to be involved in various cross-border energy-related disputes, such as those involving an: (1) international energy consortium involving Colombian oil field rights; (2) international energy company regarding Russian oil interest disputes; (3) LNG company in international transportation and shipping arbitration; (4) international oil services company regarding cross-border disputes with a Middle Eastern distributor; (5) pipeline company in a $200MM acquisition dispute; (6) investors in disputes with a foreign exploration company; (7) international chemical company in a $30MM commercial dispute; (8) Japanese global manufacturer regarding trade secrets and IP issues; (9) global oil and gas company regarding allegedly defective drilling rigs; (10) international exploration and production company involving royalty disputes; (11) global industrial chemical valve manufacturer regarding counterfeiting and trademark infringement allegations; (12) global German manufacturer in a patent infringement case; (13) French gas company regarding process tower issues; (14) international manufacturer involving complex commercial contracts and liens;(15) Italian exotic products manufacturer regarding various product liability matters; (16) Dutch equipment company involving cross-border corporate issues; (17) Australian company in commercial breach of contract arbitration; and (18) Mexican bank regarding a request for injunction relating to international letters of credit.
Q. What types of energy disputes do you most often see in your work?
Typically, I handle complex commercial contract interpretation cases involving high-dollar disputes among energy companies and either service providers or operators/nonoperators of onshore or offshore projects. On the international side, I typically handle disputes among project partners relating to development or production issues and the accompanying interpretation of development agreements or government concessions/contracts.
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?
Three primary things: (1) working with outstanding attorneys practicing in the domestic and international energy space while developing lasting relationships with renowned arbitrators on AAA's Energy Panel, (2) taking the arbitration experience to the next level by providing top-shelf arbitration services while giving parties and their counsel what they would expect in the "ideal arbitration," and (3) following the arbitration philosophy that all parties deserve a decision-maker who is knowledgeable, organized, decisive, to the point, practical, streamlined, efficient, cost-effective, clear, unbiased, fair, timely, approachable, respectful, follows the law, and has extensive experience sitting as Chair or as a panel member.
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?
Artificial Intelligence will streamline ADR in many ways. However, although more clients and attorneys will rely upon AI, Human Intelligence will continue to be the most valued asset in ADR for the foreseeable future. Increased geopolitical volatility will result in a surge of disputes in the short term and an increase of cross-border deals subject to ADR in the long term. Global supply chains will become ever more linked and dependent on the stability of each link in the chain, creating increased vulnerabilities. This will result in an increased use of ADR (including mass arbitration), which makes it vital to include effective ADR clauses in major production, purchase, supply, and other energy-related agreements.
Q. What advice do you have for parties preparing for arbitration or mediation in complex energy disputes?
Don’t allow your trial attorney training to take over when in arbitration – be part of the change to a more thoughtful, efficient, and streamlined approach to resolving disputes.