The opening lecture of the 2023 Basel Winter Arbitration School delivered by Anya George, Schellenberg Wittmer.
The energy sector is facing a range of unprecedented challenges, such as continuing supply chain disruptions in the wake of the global pandemic; an oil and gas supply crunch due to the Russia-Ukraine conflict; extreme price volatility and a rise in resource nationalism. At the same time, the industry is grappling with the energy transition and decarbonisation.
In her lecture, Anya George examined this current confluence of factors and the ways in which they are shaping the landscape of energy arbitration. Sanctions against Russia have exacerbated pressures on the dispute resolution mechanisms and enforcement options under contracts with Russian entities. In parallel, there is increasing public and institutional criticism of investment arbitration as a mechanism for the resolution of energy disputes, exacerbated by the debate surrounding intra-EU Energy Charter Treaty arbitration following the CJEU decision in Komstroy. Arbitration will have to adapt to these and other new realities in order to remain ‘fit for purpose’ as the main forum to resolve cross-border energy disputes.
Anya George, MA (Cambridge), is a partner in Schellenberg Wittmer’s dispute resolution group. As a trilingual and dual qualified lawyer (Switzerland and England & Wales), she represents states, state-owned entities and private companies in complex multi-jurisdictional disputes across a wide range of sectors, with particular emphasis on energy infrastructure, commodities and natural resources, insurance and reinsurance contracts, and manufacturing and sales agreements. Anya has acted in over 60 arbitrations under the ICC, LCIA, CAS, UNCITRAL and Swiss Rules, as well as in ad hoc proceedings. Anya is a lecturer in International Commercial Arbitration at the University of Zurich. She is also a member of the ICC Swiss Commission of Arbitration and ADR and of the Board of the Swiss Arbitration Association (ASA).
