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Energy Disputes

Published: February 2019


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  • 1.

    Describe the areas of energy development in the country.

  • 2.

    Describe the government’s role in the ownership and development of energy resources. Outline the current energy policy.

  • 3.

    Describe any industry-standard form contracts used in the energy sector in your jurisdiction.

  • 4.

    What rules govern contractual interpretation in (non-consumer) contracts in general? Do these rules apply to energy contracts?

  • 5.

    Describe any commonly recognised industry standards for establishing liability.

  • 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?

  • 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?

  • 8.

    How may parties limit remedies by agreement?

  • 9.

    Is strict liability applicable for damage resulting from any activities in the energy sector?

  • 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?

  • 11.

    Are stepped and split dispute clauses common? Are they enforceable under the law of your jurisdiction?

  • 12.

    How is expert evidence used in your courts? What are the rules on engagement and use of experts?

  • 13.

    What interim and emergency relief may a court in your jurisdiction grant for energy disputes?

  • 14.

    What is the enforcement process for foreign judgments and foreign arbitral awards in energy disputes in your jurisdiction?

  • 15.

    Are there any arbitration institutions that specifically administer energy disputes in your jurisdiction?

  • 16.

    Is there any general preference for litigation over arbitration or vice versa in the energy sector in your jurisdiction?

  • 17.

    Are statements made in settlement discussions (including mediation) confidential, discoverable or without prejudice?

  • 18.

    Are there any data protection, trade secret or other privacy issues for the purposes of e-disclosure/e-discovery in a proceeding?

  • 19.

    What are the rules in your jurisdiction regarding attorney-client privilege and work product privileges?

  • 20.

    Must some energy disputes, as a matter of jurisdiction, first be heard before an administrative agency?

  • 21.

    Identify the principal agencies that regulate the energy sector and briefly describe their general jurisdiction.

  • 22.

    Do new entrants to the market have rights to access infrastructure? If so, may the regulator intervene to facilitate access?

  • 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?

  • 24.

    What is the legal and regulatory position on hydraulic fracturing in your jurisdiction?

  • 25.

    Describe any statutory or regulatory protection for indigenous groups.

  • 26.

    Describe any legal or regulatory barriers to entry for foreign companies looking to participate in energy development in your jurisdiction.

  • 27.

    What criminal, health and safety, and environmental liability do companies in the energy sector most commonly face, and what are the associated penalties?

  • 28.

    Describe any actual or anticipated sovereign boundary disputes involving your jurisdiction that could affect the energy sector.

  • 29.

    Is your jurisdiction party to the Energy Charter Treaty or any other energy treaty?

  • 30.

    Describe any available measures for protecting investors in the energy industry in your jurisdiction.

  • 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.

  • Updates and trends

Fux Advogados is a Brazilian law firm specialized in Dispute Resolution, with departments acting on arbitration, civil litigation and tax litigation. The firm is frequently appointed by specialized editorials as leading the practice of Dispute Resolution in Brazil.

View more information about Fux Advogados

Rio de Janeiro
Avenida Rio Branco, 177, 18th floor
Rio de Janeiro
T: +55 21 3520 5900
F: +55 21 3553 5900


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