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When Solar Deals Go Dark: Arbitration Strategies for Energy Disputes

Energy disputes can be complex and very expensive to litigate. Recently, there has been an increase in the use of arbitration to resolve disputes involving alternative energy sources, such as solar and wind. There are various types of these disputes, involving both contract and tort claims. Some recent cases include the alleged breach of a power purchase agreement (PPA) between a solar company and a utility; a dispute between an owner and a general contractor engaged in constructing a large, groundmounted photovoltaic panel solar project; two solar companies negotiating over rights of way for transmission lines; claims of alleged poor construction of solar panel arrays or underperforming systems; disputes between utility-scale solar companies and a group of their investors; disputes arising out of virtual PPAs; and disputes over intellectual property. 

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Energy disputes can be complex and very expensive to litigate. Recently, there has been an increase in the use of arbitration to resolve disputes involving alternative energy sources, such as solar and wind. There are various types of these disputes, involving both contract and tort claims. Some recent cases include the alleged breach of a power purchase agreement (PPA) between a solar company and a utility; a dispute between an owner and a general contractor engaged in constructing a large, groundmounted photovoltaic panel solar project; two solar companies negotiating over rights of way for transmission lines; claims of alleged poor construction of solar panel arrays or underperforming systems; disputes between utility-scale solar companies and a group of their investors; disputes arising out of virtual PPAs; and disputes over intellectual property. 

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