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Webinar Series: Focus on Energy Disputes - Part 1: Gas (21 June 2022, 5.30 - 7.15pm (GMT+8))
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About this Webinar Series

With global gas markets languishing in turmoil in recent years, a fresh resurgence in trading from recent volatility, and a stronger than ever push for green energy, the energy markets have never seemed more ripe to be put under the microscope. 

Join market leading experts in this two-part webinar series organised by SIArb, where you will be taken through the pivotal issues shaping the contemporary energy markets.

Being a truly international subject matter, we have enlisted experts and practitioners from both Asia and Europe to share their experiences and thoughts on the future of dispute resolution in this sector.

Key aspects for discussion will include regulatory regimes, (re)pricing, new models of contracting and contractual disputes (especially arising from renewables). As well as this, macro-economic perspectives will be presented and discussed to better understand how these may impact disputes and their resolution through the prism of arbitration, for both practitioners and arbitrators alike.

PART 1:

As we launch our two part series focusing on the energy markets, our expert panel will delve into the tumultuous natural gas industry and the salient developments that have, and will, continue to shape the markets. Recent geopolitical issues have added yet another twist to the tale and in this session you are invited to join us as our market experts explore how these developments will no doubt manifest in some shape or form in the ADR sphere. 

PART 2:

In the second installment of our two-part Energy webinar series, we explore the evolving landscape of renewable energy sources as they are being primed to take leading roles in global energy consumption. International pressure to transition away from fossil fuels is building by the day, with ever more frequent and dire warnings being issued by leading climate experts.

Our panel of international experts and practitioners will share their experiences in the field of renewable energy projects, with focus on recent developments in the global landscape. From energy pricing disputes to contractual disputes on the construction of major power projects, our speakers will explore the key trends and issues driving the disputes market in this sector.

Webinar Programme

Webinar participants will be able to watch and listen to (via computer audio or telephone line) the video presentation and Q&A discussion on their screens, receive a PDF copy of the presentation slides, as well as participate in the Q&A discussion by sending in their questions to the moderator via text using the built-in Q&A function.

5.30 – 5.45pm
Opening Remarks by Moderator
Part 1: Gas
Ms. Tan Weiyi – Partner, Clyde & Co Clasis LLP; Honorary Treasurer, Singapore Institute of Arbitrators
Part 2: Renewables
Mr. Ramesh Selvaraj – Partner, Allen & Gledhill LLP; Council Member, Singapore Institute of Arbitrators
5.45 - 7.00pm
Focus on Energy Disputes, Part 1: Gas (21 June 2022)
Mr Luis Agosti - Senior Vice President, Compass Lexecon
Mr. Nicholas Lingard – Partner, Freshfields Bruckhaus Deringer
Dr. Boaz Moselle - Executive Vice President, Compass Lexecon
Dr. Johannes P. Willheim – Partner, Jones Day
Focus on Energy Disputes, Part 2: Renewables (28 July 2022)
Mr. Simon Dunbar - Advocate and Solicitor, Gateway Law Corporation
Mr. Emmanuel Grand – Senior Managing Director, FTI Consulting
Ms. Emma Schaafsma (Kratochvilova) – Partner, Infrastructure, Construction and Energy (ICE) Disputes, CMS UK
Mr. Jeffrey M. Sullivan QC – Partner, Gibson, Dunn & Crutcher LLP
7.00 - 7.15pm

Panel Discussion and Q&A Session Moderated by Webinar Moderator

About the Speakers - Part 1: Gas (21 June 2022) 

Luis  Mr. Luis Agosti is a Senior Vice President with Compass Lexecon, based in Madrid. Mr Agosti is an economist specialised in gas, LNG and power and has provided expert advice and written and oral testimony before antitrust, regulatory authorities and tribunals.
Over the past few years, Mr Agosti has been involved in over 30 gas and LNG disputes in Italy, France, Spain, Germany, Turkey, Belgium, Poland, Czech Republic, India, Qatar, Israel, China, Korea, Australia, Mexico and Peru, on issues related to price reviews, estimation of damages following alleged under-deliveries and undue force majeure declarations, interruption of supplies, and changes in delivery points, amongst others.
He started his career working as a competition economist in energy cases where he advised companies on (i) the assessment of the competitive impact of major energy mergers in Europe; and (ii) the impact of regulation on market functioning. He also analysed alleged abusive conducts such as excessive pricing and price fixing.
Mr Agosti is also co-author of several articles related to the liberalisation of the Spanish energy market, competition in the Spanish power market, and the role of renewable energy in the Spanish power market. Together with Dr Moselle, he is also co-author of the article ‘Natural gas price review arbitrations: issues in adopting hub indexation’ on the book “Gas and LNG Price Arbitrations” published in March 2020 (Globe Law and Business, eds. James Freeman and Mark Levy) and of the article ‘LNG Disputes Beyond Price Reviews’ published in the Oil, Gas & Energy Law Journal in June 2020. 
Luis Agosti stands out for his “broad experience in the gas industry” and for his highly valued ability to consistently produce “high-quality work products in short time frames”. – Who’s Who Legal 2021
 Nicholas Mr. Nicholas Lingard is a partner at Freshfields Bruckhaus Deringer in Singapore, and heads the firm’s international arbitration practice in Asia. He leads one of the most active treaty arbitration practices in Asia, representing both investors and states in high-profile, politically complex cases around Asia and the world.  Nick also represents clients in commercial and construction disputes across a variety of industries, under all major arbitral rules, including ICSID, ICC, SIAC, UNCITRAL, HKIAC, AIAC, JCAA, AAA and NAI, and under all major systems of law. 
A former law clerk to the Chief Justice of Australia, Nick was educated at the University of Queensland and Harvard Law School, where he was a Frank Knox Memorial Fellow, and is qualified to practise in New York and New South Wales, Australia. He is the co-author of the second edition of A Guide to the SIAC Arbitration Rules (Oxford University Press, 2018). Nick speaks English and Japanese. 
 

Dr. Boaz Moselle is an Executive Vice President at Compass Lexecon based in London and Paris. He is an economist who has worked in academia, consulting and government.

Dr. Moselle’s areas of expertise include:

  • Oil and gas: economic analysis relating to the price of gas and LNG in long term contracts, valuation of gas supply businesses, and the estimation of damages from the breach of supply contracts; valuation of oil and gas assets.
  • Other energy sources: valuation of conventional, nuclear and renewable power generation assets; estimation of damages in relation to alleged breaches of obligations under bilateral and multilateral investment treaties, and/ or alleged breaches of contractual obligations.
  • Regulated infrastructure: economic analysis of appropriate pricing and related issues for regulated infrastructure including natural gas and electric power transmission and distribution, airports, telecommunications networks, etc.
  • Competition and anti-trust issues in the energy industry: economic analysis of mergers and of alleged breaches of competition law (abuse of dominance, anti-competitive agreements) including in relation to electricity generation, oil and gas (up, mid and downstream), and power and gas retail markets.

He has provided expert witness testimony in approximately 50 international arbitrations, in the context of both commercial and investment treaty disputes. Who’s Who Legal notes that he ‘is widely considered to be “a genius”’ and that ‘one client describes him as “the best expert I have ever seen under cross-examination, and possibly the brightest I have seen in my whole career”’.
Dr. Moselle began his career as an assistant professor at Northwestern University, where he taught courses in quantitative methods and in game theory. He holds a Ph.D. in Economics from Harvard University, and an M.A. and Ph.D. in Mathematics from the Universities of Cambridge and London. He was previously a Managing Director of the UK energy regulator Ofgem. He teaches in the Brussels School of Competition on competition and regulation, and as a guest lecturer at Queen Mary University of London School of Law on issues related to damages and disputes in the energy industry. He has published articles in leading economics journals, and is co-author of a textbook on statistics; co-author and co-editor of a book on the economics of renewable generation. He is also co-author of book chapters on the role of the expert in gas price reviews (in Gas Price Arbitrations: A Practical Handbook); on the definition of investment in economics (in Jurisdiction in Investment Treaty Arbitration); and on the use of statistical techniques for estimating damages (in The Guide to Damages in International Arbitration).

 Johannes Mr. Johannes P. Willheim is an international attorney and Partner of the Energy and Global Disputes Practice Groups of Jones Day. He has over 20 years of experience in energy dispute resolution and energy regulation. He is recognized as an authority in commodity and energy supply pricing disputes due to his extensive experience in representing European importers and wholesalers as well one of the world’s major producers of natural gas in numerous gas price and more extensive contract revision negotiations and arbitrations since the year 2002.  Over the years, Johannes significantly contributed to reshaping the pricing paradigm of long term gas supplies upstream and at the wholesale level in Europe. Thanks to his extensive experience, Johannes is now called to assist in resolving gas price disputes as either party representative or arbitrator  around the globe, in particular in Asia and Singapore more specifically.


About the Speakers – Part 2: Renewables (28 July 2022)

 Simon

Mr. Simon Dunbar is an international dispute resolution lawyer, who specialises in international arbitration.  Based in Singapore for more than 15 years, his work spans the Asia-Pacific region.
Simon has represented clients in international arbitrations under all of the major institutional rules, with a focus on joint venture, energy, technology and infrastructure disputes.
Simon is admitted to practice in Singapore, England & Wales (as a solicitor advocate) and New York.
In addition to his work as counsel, Simon has acted as sole or presiding arbitrator in arbitrations under the SIAC, ICC and UNCITRAL Rules, as well as ad hoc arbitrations.  

 Emmanuel

Mr. Emmanuel Grand is an energy economist with more than 15 years of experience in the electricity, gas and renewables sector. His expertise focuses on issues related to energy contracts, markets, and regulations.
He has supported energy counterparties in their contract negotiations (Power Purchase Agreements, Gas/LNG supply agreements, Concession agreements…), analysing prices and flexibilities, risk-sharing and operational issues for engagements exceeding USD 20bn combined. He has repeatedly modelled and forecasted electricity, gas, oil and carbon markets, which inter alia have been used to support large-scale transactions, market entry strategies or investment decisions. He has worked on energy regulatory issues in 35 countries, supporting the design of regulated market rules, price controls and access rules, both for public authorities and regulated companies.
Emmanuel’s contracts, markets, and regulations expertise has led him to act on multiple occasions as party-appointed or tribunal-appointed expert in commercial and investor-state arbitrations, as well as national litigation, across the world.

 Emma

Ms. Emma Schaafsma (Kratochvilova) is a partner in the ICE Disputes group in London.  Emma has over 20 years’ experience representing clients in high-value and complex disputes arising on international construction projects in the energy and infrastructure sectors.  Projects include power and process plants, LNG tank and terminal, wind (onshore and offshore), road and rail; in South East Asia, China, the Middle East, the United States, Mexico, South America and New Zealand. 

Emma’s experience includes supporting clients on claims arising during project execution, Dispute Board referrals, expert determination, mediation and arbitration (ad hoc and under various institutional rules).   During her career she spent 13 years in Japan, including two years in-house at an international heavy industries contractor. She has been recognised as a leading lawyer in the directories since 2013.   
Jeff 

Mr. Jeff Sullivan is a U.S. and English qualified Queen’s Counsel and partner in the London office of Gibson, Dunn & Crutcher, where he is a member of the firm’s International Arbitration Group.  Mr Sullivan represents clients in both commercial and investment treaty arbitrations.
Mr Sullivan’s practice has a particular focus on disputes arising in the energy and infrastructure sectors.  His experience includes handling disputes arising out of long-term supply agreements, concession agreements, production sharing and operating agreements, joint venture agreements, EPC and other construction agreements.  Mr Sullivan has also acted as counsel in numerous renewable energy disputes.
Mr Sullivan is a Member of the ICC UK Arbitration & ADR Nominations Committee, a member of the Energy Charter Treaty Secretariat’s Legal Advisory Task Force, an Executive Board Member of the European Federation for Investment Law and Arbitration (EFILA) and an Executive Committee Member of the Foundation for International Arbitration Advocacy (FIAA).

About the Moderators
Part 1: Gas (21 June 2022)
 Tan Weiyi

Ms. Tan Weiyi is a partner at Clyde & Co Singapore. She represents and advises clients in a range of cross-border commercial disputes, including transactional, licensing, intellectual property, employment and tenancy disputes. Weiyi also represents clients in investigations and enforcement actions, focused on corruption, financial fraud and other white-collar criminal offences.

Weiyi is an accredited arbitrator and mediator, and has been appointed as sole arbitrator in SIAC proceedings and co-mediator in mediation proceedings administered by the SMC. She serves as Honorary Treasurer of the Singapore Institute of Arbitrators and chairs the Institute’s Membership Committee. She is also a Certified Fraud Examiner and serves as President of the Association of Certified Fraud Examiners’ (ACFE) Singapore Chapter. Weiyi has published in various arbitration journals, including the Asian International Arbitration Journal and Contemporary Asia Arbitration Journal. She is the recipient of several awards, and most recently nominated in 2021 for “Litigator of the Year – South East Asia” at the Asian Legal Business (ALB) Women in Law Awards and “Lawyer of the Year – White Collar Crime” at the Euromoney Women in Business Law Awards. 

Part 2: Renewables (28 July 2022)
 Ramesh

Mr. Ramesh Selvaraj is the Co-Deputy Head of the International Arbitration Practice and Recruitment Partner at Allen & Gledhill LLP. His expertise lies in advising across a broad spectrum of contentious work. He has acted as lead counsel in both domestic and international arbitrations across various corporate and commercial sectors, including the hospitality, commodities and construction industries. He is recommended for his expertise in international arbitration and commercial litigation in leading publications, such as The Legal 500 Asia Pacific where he has been described as an “excellent attorney”, an “outstanding lawyer” and one who has “an excellent grasp of many areas of the law”.

Ramesh is a Fellow of the Singapore Institute of Arbitrators and is also an accredited Principal Mediator with the Singapore Mediation Centre. Ramesh is the immediate past Chair of the YSIAC Committee formed under the auspices of the Singapore International Arbitration Centre.

 

Download Brochure HERE

To register, please click HERE


  REGISTRATION CLOSING DATE (Part 1: Gas): 16th June 2022)
REGISTRATION CLOSING DATE (Part 2: Renewables): 25th July 2022

FEES

(includes materials, if any)

Membership Regular Rate
SIArb Members S$ 40.00

Members of:

Asia Pacific Institute of Experts (APIEx); Regional Arbitral Institute Forum (RAIF); Singapore Chamber of Maritime Arbitration (SCMA); Singapore Corporate Counsel Association (SCCA); Singapore Institute of Architects (SIA); Society of Construction Law Singapore (SCL (S))
$60.00
Others S$ 90.00

Supporting Organisations

Maxwell Chambers YSIAC

Continuing Professional Development 

SILE CPD Points 
Practice Area:  : Alternative Dispute Resolution
Training Level: General
Public CPD Points: 2 for each webinar 

 

 
 
 
 
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