CHAPTER 2 EVOLUTION OF INTERNATIONAL ENERGY AND MINERALS ARBITRATION

• Jurisdiction: United States

International Energy and Minerals Arbitration
(Sep 2013)
CHAPTER 2
EVOLUTION OF INTERNATIONAL ENERGY AND MINERALS ARBITRATION
Thomas Childs
Counsel, King & Spalding
New York, New York, USA/London, UK

TOM CHILDS is counsel in King & Spalding's London and New York office, and a member of the International Arbitration Practice Group. He has represented clients in more than 30 international arbitrations under the rules of the LCIA, ICC, AAA, UNCITRAL, ICSID, and other institutions. Applicable laws have included England, New York, India, France, Algeria, Libya, Egypt, Lebanon, Saudi Arabia, and Uganda. He has worked on numerous arbitrations relating to the extractive industries, including oil and gas, mining, and metallurgy. Mr. Childs is the author of "Update on Lex Petrolea: The continuing development of customary law relating to international oil and gas exploration and production," which was published in The Journal of World Energy Law & Business (September 2011). He is admitted to the New York bar and as a solicitor of England and Wales. In addition, he holds an advanced degree in private international law from the University of Paris I (Panthéon-Sorbonne).

RMMLF Special Institute

Toronto, September 2013

Evolution of International Energy & Minerals Arbitration

Tom Childs

King & Spalding LLP

New York and London

Overview

I. Facts & Figures

1) Investment Arbitration

2) International Commercial Arbitration

II. Emerging body of international energy & minerals case law?

III. Lessons Learned

[Page 2-2]

What is "investment arbitration"?

➢ Term of art

➢ Distinct from int'l commercial arbitration, but some overlap

➢ Arbitration of dispute

❖ between foreign investor and host State

❖ arising out of investment

➢ Generally treaty-based, but not always

FDI Flows

[Page 2-3]

FDI Stock

Number of Investment Treaties

[Page 2-4]

BITs by State

State	# Signed	# Entered into force	Partners
Canada	33	27	Argentina, Ecuador, Peru, Russia, Venezuela, ...
United States	46	40	DRC, Ecuador, Kazakhstan, Mozambique, Turkey, ...
Netherlands	96	88	China, India, Indonesia, Nigeria, South Africa ...
Brazil	14	0	N/A
China	128	103	Columbia, Kazakhstan, Netherlands, S. Africa, UK, ...
South Africa	46	23	China, France, Korea, Netherlands, UK, ...
Guinea	19	5	Burkina Faso, Italy, Malaysia, Serbia, Switzerland
Iraq	7	1	Kuwait

Energy Charter Treaty

➢ Entered into force in 1998

➢ 53 Contracting Parties

➢...