The Fiction of State Contract in the Energy Industry
| Författare: | Shirokova Darya |
| Titel: | The Fiction of State Contract in the Energy Industry |
| Utgivningsår: | 2025 |
| Omfång: | 440 sid. |
| Förlag: | Kluwer Law International |
| ISBN: | 9789403529998 |
| Produkttyp: | Inbunden |
| Typ av verk: | Monografi |
| Serie: | International Arbitration Law Library Series |
| Ämnesord: | Processrätt , Internationell rätt , Offentlig rätt |
Pris: 2296 SEK exkl. moms 
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 The Fiction of ‘State Contract’ in the Energy Industry is a unique book that analyses whether the signing of a state contract can be deemed the safest and most predictable way for a private party to protect its interests vis-à-vis a host state in the energy field. Contracts designed expressly to accommodate foreign energy investment and protect companies’ rights are the basis of most investor-State arbitrations when disputes over energy exploration, facilities, or distribution arise. But do the parties use such state contracts as a protection tool? The author shows that because the actual level of protection is ultimately measured by how the contract is interpreted and by the outcome of a dispute, the ‘state contract’ concept has become obsolete.What’s in this book: Based on recent historical and contemporary sources – primarily an empirical analysis of 501 energy contracts concluded between 1990 and 2020 between States and private parties – the book approaches the topic in the following sequence: - the notion of ‘state contract’ and its theoretical background; - the frequency of use of the concept in energy contracts and the circumstances under which these contracts tend to be concluded; and - the interpretation of the concept by arbitrators trained in different legal traditions and applying different laws. The contracts are examined via their regional, economic, and political characteristics – revealing notably distinctive interpretations among the Middle East and North Africa (MENA) region, the Latin American States, and the countries of the former Soviet Union – as well as according to each private party’s characteristics and the legal tradition relied upon in the arbitrations that ensue. How this will help you: Despite the current push for an ‘energy transition’, it is clear that the ongoing reliance on traditional energy sources in the mid-term future will prompt energy companies to continue searching for new oil and gas reserves. Consequently, this systematic and informative study will serve as a practical guide for energy contract drafters, in-house counsel, arbitrators, government officials, and other professionals concerned with energy-related disputes arising between states and private parties. Table Of Contents About the Author List of Abbreviations Preface Acknowledgements Summary CHAPTER 1 Introduction and Methodological Framework CHAPTER 2 Internationalization of Energy Contracts and Its Relation to the Theory of Legal Order CHAPTER 3 Definition and Characteristics of State Contracts CHAPTER 4 Empirical Analysis of Energy State Contracts Through the Prism of Economic, Geopolitical and Legal Environment CHAPTER 5 The Death of State Contract as Legal Fiction CHAPTER 6 Conclusions Appendix Bibliography Table of Cases and Arbitration Awards Table of Treaties Table of Municipal Legislation Index |