Renewable Energy Disputes

Mr. William B. Panlilio, associate at King & Spalding, zeroed in on renewable energy. He stressed that renewable energy will become an increasingly important component of the energy mix of many countries around the world, especially in Asia and the Pacific where vast renewable energy potential can be found. With the rise of renewable energy, people will witness more disputes in this sector for two main reasons. First, renewable energy is a state interest. It can be governed by international treaties; and states increasingly consider it a crucial part of their energy policy. Various state-owned or affiliated entities are also involved in renewable energy projects. Second, renewable energy projects are complex and large-scale. They can give rise to a multitude of project companies, contractors and sub-contractors, offtakers, and lenders (including multilateral institutions). These stakeholders often come from multiple jurisdictions and their interlocking relationships governed by separate contracts, can be affected by choice of law and dispute resolution provisions. He highlighted the suitability of arbitration as a means of resolving complex, multi-party renewable energy disputes.