The future of energy dispute resolution in the energy and natural resources sector: setting the scene and looking ahead

Looking into the future, the tendency of resorting to international arbitration will continue to be the preferred choice for resolving energy disputes between international companies and governments. The synergy between energy and dispute resolution can also be illustrated by the current developments that have taken place in the European renewable energy sector. The outlook of stabilisation clauses in the future of energy arbitration might significantly change its given use in international energy contracts. The landscape of energy disputes will be transformed in the near future if the modernisation of the Energy Charter Treaty succeeds. The future of international energy arbitration will continue to witness the attempt to balance the state’s right to regulate while ensuring that investors can only be protected when genuine and legitimate legal rights were given to them and were used as the main motivation to undertake an investment project.