8 - Industry-Specific Clauses and Their Interpretation

Summary

Some industries have avoided using standard or generic arbitration clauses by developing industry-specific clauses. This chapter focuses on the energy sector and its view of arbitration as reflected in its widely used arbitration clause. Given the specificity and uniqueness of the industry, energy disputes are mostly settled through alternative dispute resolution methods. From a legal standpoint, the regulations and practices related to the energy sector are complex and chaotic due to the technical nature of the energy industry. In such a context, energy dispute resolution cases are unusually complex. Large energy transactions, projects or contracts almost always have an international dimension, and the preferred means of dispute resolution is international arbitration.