Practice: Energy

Effective, Timely Solutions to Your Complex Energy Disputes

Stakeholders in the fiercely competitive energy industry - including private companies, public regulatory agencies, landowners, customers and capital markets - have discovered that alternative dispute resolution (ADR) offers distinct advantages over traditional litigation in a wide variety of matters.

JAMS, the world’s largest private ADR provider, offers comprehensive resolution services in domestic and international energy disputes involving the distribution, transmission and regulation of oil, natural gas and electricity; the construction of pipelines and energy facilities, including those providing nuclear, solar, hydropower and wind power; lease termination; royalties; product and service contracts; oil and gas titles; exploration and production; power purchase agreements; and other energy-related commercial, transactional and contractual issues.

The JAMS Energy Practice Group is composed of international energy ADR experts, including prominent former senior energy counsel, former regulators and retired federal judges. JAMS neutrals have decades of experience and an extensive track record in administering and resolving large, complex disputes. That depth of knowledge - combined with the respect of courts, lawyers, regulatory agencies and other government entities - makes JAMS uniquely qualified to handle energy sector matters.

Representative matters resolved by the JAMS Energy Practice Group include:

  • Complex disputes concerning private and public power, waste treatment, co-generation and remediation facilities involving multiple parties, hundreds of separate issues, eight-figure claims and counterclaims.
     
  • Mediations involving
    • the assessment of damages and allocation of payments arising from outage situations relating to service interruptions from grid issues to explosions;
    • a dispute between Massachusetts environmental regulators and regulated industry regarding CAA compliance requirements;
    • a dispute between a major utility and a coal mine owner over the terms and implementation of a 20-year coal supply contract;
    • a dispute between landowners and major gas producer regarding acreage involved in royalty interests;
    • an investor dispute involving the operation of a methane gathering facility;
    • the largest electric rate increase application in state history ($200 million annually) for the Public Utilities Commission of Ohio; and
    • disputes involving wind turbines in two states and an international manufacturer.
       
  • Multi-million-dollar arbitrations involving
    • the long-term supply of electricity, oil and gas in Alberta;
    • a developer claim against a solar project contractor in Arizona involving 45,000 ground-mounted photovoltaic panels;
    • a breach of joint venture agreement involving a major U.S. onshore drilling contractor and an Algerian state-owned oil company, including valuation of seized drilling equipment located in Algeria (ICC);
    • contractor claims over design, fabrication and erection of a structural steel rack and process piping related to oil refinery construction;
    • a solar tracker system sale dispute over the purchaser’s claim of failure to meet specifications;
    • the allocation of sale proceeds and forfeiture of interests arising from the sale of a large gas field by two production companies to a major gas company; and
    • an oil company product claim that a pressure gauge failed to operate properly, leading to a well blowout.

Mediation with an experienced JAMS neutral preserves critical relationships among energy industry stakeholders, eliminates expensive delays and offers privacy and confidentiality.

Arbitration utilizing a seasoned JAMS arbitrator with industry expertise and a custom process to expedite discovery and eDiscovery can be faster, more effective and less burdensome than protracted litigation.

Early case assessment and other evaluative processes available at JAMS offer a preview of potential litigation outcomes and provide valuable information about the strengths and weaknesses of your case.

Efficient, responsive, detail-oriented case administration is a given at JAMS, no matter what ADR process you choose. With their unmatched ADR training and thorough understanding of local markets, JAMS Case Managers ensure that even the most complicated cases run smoothly.

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