This document discusses options for litigating disputes with sovereign states in the energy sector, including bringing court proceedings in the host state, or arbitral proceedings under a Production Sharing Agreement, Bilateral Investment Treaty, or Energy Charter Treaty. It examines issues that may arise in arbitration under these agreements such as applicable law, confidentiality, and recognition and enforcement of awards. Substantive protections and the definition of investor and investment are also addressed regarding arbitration under Bilateral Investment Treaties.

1. Litigating with Sovereigns in the
Energy Sector
Vienna Forum on European Energy Law
14 March 2014
Dr. Johannes Koepp

2. Dispute With Host State: Options
 Court Proceedings in Host State
 Arbitral Proceedings under Production Sharing
Agreement
 Arbitral Proceedings under Bilateral Investment
Treaty or Energy Charter Treaty

3. Arbitration under BIT
 Substantive Protection: Expropriation, Fair and Equitable
Treatment, National Treatment, MFN Treatment
 Notion of Investor/Investment
 Umbrella Clauses
 Dispute Resolution
 Compatibility with EU law
 Risk of Retaliation

4. Arbitration under PSA
 Seat of the Arbitration
 Institutional or Ad-Hoc Arbitration
 Applicable Law
 Counterclaims
 Confidentiality

5. Recognition and Enforcement
 ICSID Convention
 New York Convention
 Location of Assets
 Sovereign Immunity
 Freezing Order