Energy & Infrastructure Disputes

Our ADR services address the full spectrum of energy and infrastructure disputes, including but not limited to:

• Oil and gas disputes – Conflicts arising from upstream, midstream, and downstream oil and gas operations, including disputes over exploration and production agreements (joint operating agreements, farmout agreements, participation agreements), royalty calculations and underpayment claims, working interest and overriding royalty interest disputes, production sharing contracts, pipeline access and transportation tariffs, gas balancing disagreements, drilling contract disputes, well operation and workover conflicts, and disputes over decommissioning obligations and abandonment costs. Oil and gas disputes frequently involve complex geological and engineering evidence, fluctuating commodity prices, and multi-party contractual arrangements. ADR provides a confidential, expert-driven process where these disputes can be resolved by neutrals who understand petroleum engineering, energy economics, and the regulatory frameworks governing oil and gas operations.

• Power purchase agreement (PPA) disputes – Conflicts arising from long-term agreements for the purchase and sale of electricity, including disputes over pricing mechanisms (fixed price, index-based, cost-plus), capacity charges, availability guarantees, curtailment and dispatch obligations, force majeure events, change-in-law provisions, renewable energy credit (REC) ownership, and the consequences of early termination or default. PPAs are the foundation of the power generation industry – both conventional and renewable – and disputes over their interpretation and performance can involve hundreds of millions of dollars over the life of the contract. ADR provides a process where PPA disputes can be resolved by neutrals who understand electricity markets, generation economics, and the regulatory framework governing power transactions.

• Renewable energy disputes – Conflicts specific to the renewable energy sector, including disputes over wind farm and solar project development agreements, turbine and panel supply contracts, equipment warranty claims, performance guarantees and capacity factor disputes, interconnection agreements with grid operators, renewable portfolio standard (RPS) compliance, tax equity financing arrangements, and disputes between project developers, equipment manufacturers, EPC contractors, and investors. The rapid growth of renewable energy has generated a new wave of complex disputes involving emerging technologies, evolving regulatory incentives, and novel contractual structures. ADR provides a forward-looking, expert-driven process for resolving these disputes with neutrals who understand renewable energy technology, project finance, and the policy landscape.

• Construction and EPC disputes – Conflicts arising from the construction of energy and infrastructure projects – including power plants, refineries, pipelines, transmission lines, wind farms, solar installations, LNG terminals, bridges, highways, tunnels, airports, and water treatment facilities. Common issues include disputes over contract scope and change orders, design defects and engineering errors, construction delays and schedule acceleration, cost overruns and budget disputes, liquidated damages, performance guarantees, defective workmanship and materials, force majeure claims, and disputes among owners, EPC contractors, subcontractors, engineers, and equipment suppliers. Energy and infrastructure construction disputes are among the most complex and high-value disputes in any sector, frequently involving hundreds of millions or billions of dollars, massive document volumes, and extensive expert testimony. ADR – particularly arbitration and dispute boards – has long been the preferred mechanism for resolving these disputes, and our neutrals bring the engineering knowledge, construction industry experience, and project management understanding needed to evaluate claims efficiently.

• Pipeline and transportation disputes – Conflicts involving the construction, operation, and regulation of oil and gas pipelines, product pipelines, and natural gas transportation systems, including disputes over transportation tariffs and rate cases, capacity allocation and scheduling, right-of-way and easement disputes, pipeline integrity and safety compliance, interconnection agreements, and disputes between shippers, pipeline operators, and regulatory authorities. Pipeline disputes frequently involve both commercial contract issues and regulatory dimensions (FERC jurisdiction, state utility commission oversight). ADR provides a process that can address both dimensions efficiently, with neutrals who understand pipeline economics, tariff structures, and energy regulation.

• Mining and natural resources disputes – Conflicts arising from mining operations and natural resource extraction, including disputes over mining leases and concession agreements, royalty calculations, joint venture and consortium agreements, environmental compliance and remediation obligations, mine closure and reclamation costs, equipment supply and services contracts, and disputes with indigenous communities and landowners. Mining disputes often involve remote project locations, multi-jurisdictional regulatory frameworks, and complex technical evidence about geology, extraction methods, and environmental impact. ADR provides a flexible, expert-driven process for resolving these disputes with neutrals who understand the mining industry and its unique challenges.

• Public-private partnership (P3) disputes – Conflicts arising from long-term concession agreements and P3 arrangements for the development, financing, construction, and operation of public infrastructure – including toll roads, bridges, airports, water systems, transit networks, and public buildings. Common issues include disputes over performance standards and service levels, availability payment calculations, change-in-law and compensation events, refinancing obligations, handback conditions, and the allocation of risk between the public authority and the private concessionaire. P3 disputes involve the intersection of public law, contract law, and project finance. ADR provides a confidential, efficient process for resolving these disputes without the political exposure and delays that public litigation creates.

• Nuclear energy disputes – Conflicts involving the construction, operation, decommissioning, and regulation of nuclear power facilities, including disputes over construction cost overruns (historically massive in the nuclear sector), equipment supply contracts, operating license compliance, spent fuel storage and disposal, decommissioning fund adequacy, and nuclear liability and insurance issues. Nuclear disputes involve extraordinarily complex technical, regulatory, and financial issues. ADR provides a process where these disputes can be resolved by neutrals with the specialized nuclear industry knowledge that these cases demand.

• Utility and rate disputes – Conflicts involving electric, gas, water, and telecommunications utilities, including disputes over rate cases and tariff structures, service quality and reliability standards, infrastructure investment recovery, interconnection obligations, stranded cost recovery, and disputes between utilities, regulators, and customers. While many utility disputes are resolved through regulatory proceedings before state public utility commissions or FERC, ADR can supplement regulatory processes by resolving commercial disputes between utilities and their counterparties, including disputes over wholesale power contracts, fuel supply agreements, and infrastructure sharing arrangements.

• Environmental and regulatory compliance disputes – Conflicts arising from environmental regulations affecting energy and infrastructure projects, including disputes over emissions compliance (Clean Air Act, greenhouse gas regulations), water discharge permits (Clean Water Act), hazardous waste management (RCRA), site remediation obligations (CERCLA/Superfund), endangered species compliance, environmental impact assessments, and carbon credit and emissions trading disputes. Environmental disputes in the energy sector often involve complex scientific evidence, evolving regulatory standards, and significant remediation costs. ADR provides a confidential process for resolving these disputes with neutrals who understand both environmental science and energy industry operations.

• LNG and gas trading disputes – Conflicts arising from the liquefied natural gas (LNG) supply chain and international gas trading, including disputes over long-term LNG sale and purchase agreements (SPAs), pricing review and price reopener mechanisms, take-or-pay obligations, destination restrictions, shipping and logistics, regasification terminal access, and spot market transactions. LNG disputes involve enormous financial stakes (individual contracts can be worth billions of dollars over their term), complex pricing formulas, and cross-border dimensions. International arbitration is the standard mechanism for resolving LNG disputes, and our neutrals bring the expertise in energy markets, gas pricing, and international arbitration rules needed to navigate these proceedings.

• Energy transition and carbon market disputes – An emerging category of disputes arising from the global energy transition, including conflicts over carbon capture and storage (CCS) project agreements, hydrogen supply contracts, battery storage and grid services agreements, carbon offset and credit verification, voluntary carbon market transactions, and disputes related to ESG commitments and greenwashing allegations. ADR provides a forward-looking process for resolving these novel disputes as the energy transition accelerates and new contractual frameworks and regulatory requirements continue to evolve.

Energy and infrastructure litigation is among the most expensive, complex, and time-consuming forms of civil litigation. Major construction disputes can generate tens of millions of dollars in legal costs and take five to ten years to resolve through the courts. During that time, projects stall, financing costs mount, and commercial relationships deteriorate. ADR offers a fundamentally superior approach:

• Speed – Most energy mediations conclude in one to three sessions. Arbitrations typically resolve within twelve to eighteen months, even for complex, high-value disputes – a fraction of the time required for energy litigation, which routinely spans five years or more.

• Cost efficiency – ADR eliminates or dramatically reduces the costs of formal discovery, expert depositions, motion practice, and trial preparation. For projects involving billions of dollars in capital investment, proportionate dispute resolution costs are essential – and ADR delivers them.

• Technical expertise – Energy and infrastructure disputes involve complex engineering, geology, financial modeling, and regulatory issues that generalist judges and juries are not equipped to evaluate. ADR allows the parties to select neutrals with deep industry expertise – petroleum engineers, power systems experts, construction professionals, energy economists, and environmental scientists – ensuring technically sound outcomes.

• Confidentiality – Energy disputes frequently involve proprietary technical data, commercial pricing, reserve estimates, project financials, and regulatory strategies that companies cannot afford to disclose in public court proceedings. ADR keeps these matters entirely private.

• Preservation of business relationships – Energy and infrastructure projects involve long-term relationships between project owners, contractors, suppliers, investors, off-takers, and regulators that must survive beyond any individual dispute. ADR’s less adversarial approach can preserve these relationships, while litigation almost invariably destroys them.

• Global enforceability – International arbitration awards are enforceable in over 170 countries under the New York Convention, making ADR the mechanism of choice for cross-border energy disputes involving international joint ventures, LNG contracts, and multinational project consortia.

• Project continuity – Because ADR resolves disputes faster and less disruptively, it minimizes the impact on ongoing project operations, construction schedules, and commercial relationships – allowing projects to continue while the dispute is being resolved.

• Flexibility – ADR procedures can be adapted to the specific needs of energy and infrastructure disputes – including provisions for site inspections, technical expert presentations, phased proceedings (liability then quantum), and interim measures to protect ongoing operations.

• Finality – Binding arbitration awards are enforceable under the Federal Arbitration Act and subject to only very limited judicial review, providing the certainty that project stakeholders, investors, and lenders need to manage risk and make business decisions.

• Dispute boards – For long-term construction and infrastructure projects, standing dispute boards provide real-time dispute prevention and resolution throughout the project lifecycle – addressing disagreements before they escalate into formal disputes and keeping the project on track.