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1.
Describe the areas of energy development in the country.
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2.
Describe the government’s role in the ownership and development of energy resources. Outline the current energy policy.
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3.
Describe any industry-standard form contracts used in the energy sector in your jurisdiction.
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4.
What rules govern contractual interpretation in (non-consumer) contracts in general? Do these rules apply to energy contracts?
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5.
Describe any commonly recognised industry standards for establishing liability.
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6.
Are concepts of force majeure, commercial impracticability or frustration, or other concepts that would excuse performance during periods of commodity price or supply volatility, recognised in your jurisdiction?
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7.
What are the rules on claims of nuisance to obstruct energy development? May operators be subject to nuisance and negligence claims from third parties?
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8.
How may parties limit remedies by agreement?
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9.
Is strict liability applicable for damage resulting from any activities in the energy sector?
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10.
How do courts in your jurisdiction resolve competing clauses in multiple contracts relating to a single transaction, lease, licence or concession, with respect to choice of forum, choice of law or mode of dispute resolution?
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11.
Are stepped and split dispute clauses common? Are they enforceable under the law of your jurisdiction?
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12.
How is expert evidence used in your courts? What are the rules on engagement and use of experts?
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13.
What interim and emergency relief may a court in your jurisdiction grant for energy disputes?
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14.
What is the enforcement process for foreign judgments and foreign arbitral awards in energy disputes in your jurisdiction?
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15.
Are there any arbitration institutions that specifically administer energy disputes in your jurisdiction?
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16.
Is there any general preference for litigation over arbitration or vice versa in the energy sector in your jurisdiction?
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17.
Are statements made in settlement discussions (including mediation) confidential, discoverable or without prejudice?
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18.
Are there any data protection, trade secret or other privacy issues for the purposes of e-disclosure/e-discovery in a proceeding?
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19.
What are the rules in your jurisdiction regarding attorney-client privilege and work product privileges?
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20.
Must some energy disputes, as a matter of jurisdiction, first be heard before an administrative agency?
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21.
Identify the principal agencies that regulate the energy sector and briefly describe their general jurisdiction.
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22.
Do new entrants to the market have rights to access infrastructure? If so, may the regulator intervene to facilitate access?
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23.
What is the mechanism for judicial review of decisions relating to the sector taken by administrative agencies and other public bodies? Are non-judicial procedures to challenge the decisions of the energy regulator available?
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24.
What is the legal and regulatory position on hydraulic fracturing in your jurisdiction?
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25.
Describe any statutory or regulatory protection for indigenous groups.
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26.
Describe any legal or regulatory barriers to entry for foreign companies looking to participate in energy development in your jurisdiction.
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27.
What criminal, health and safety, and environmental liability do companies in the energy sector most commonly face, and what are the associated penalties?
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28.
Describe any actual or anticipated sovereign boundary disputes involving your jurisdiction that could affect the energy sector.
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29.
Is your jurisdiction party to the Energy Charter Treaty or any other energy treaty?
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30.
Describe any available measures for protecting investors in the energy industry in your jurisdiction.
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31.
Describe any legal standards or best practices regarding cybersecurity relevant to the energy industry in your jurisdiction, including those related to the applicable standard of care.
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Updates and trends
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