On 15 December 2022, we discussed “No blackout in arbitration: how to deal with the energy crisis” with our panel – Sara K. Aranjo (Al Tamimi & Company), Moritz Keller (Clifford Chance), Jurgita Petkutė (KNOETZL), Małgorzata Surdek-Janicka (Surdek Arbitration), moderated by Florian Haugeneder (KNOETZL).
The energy sector is going through turbulent times. The Russian aggression towards Ukraine, peaks in energy prices and efforts to secure diversified sources of energy, define not only the actions of states, corporations and individuals but also arbitration disputes that have arisen or that are bound to arise.
How does arbitration deal with these challenges? What are the latest developments on the fronts of price revisions, force majeure and arbitrability of competition law matters?
ABOUT THE SPEAKERS
Sara K. Aranjo is a partner in the Dubai office of Al Tamimi & Company. She represents clients in arbitration, mediation and arbitration-related court proceedings arising out of inbound and outbound investments in the MENA region, with a focus on energy and infrastructure disputes. Sara is a member of several professional organizations. She serves as a member the ICC International Court of Arbitration in Paris, the Swiss Centre Court of Arbitration and the Saudi Centre Court for Arbitration. She is an appointed legal expert of the DIFC Courts’ Arbitration Division. Furthermore, Sara is a track leader of the ICC Task Force on Arbitration and ADR and co-chairs the IBA in-house counsel group of the IBA Arbitration Committee. In addition to her practice, Sara serves as an Adjunct Professor at the Université Paris II – Panthéon Assas where she lectures on comparative judicial systems: civil law, common law and Islamic law. Sara holds an LL.B. In French and Lebanese law from Saint-Joseph University, Master in international business law from the University of Paris, an advanced Master in finance and strategic management from the ESSEC Business School in Paris and a Master of Laws from Harvard Law School. She speaks English, French and Arabic and is admitted to practice in Paris, New York and Beirut and is a registered foreign legal counsel in the Emirate of Dubai.
Florian Haugeneder is a co-founding partner at KNOETZL and has over 20 years’ experience as counsel and arbitrator under the rules of the major arbitral institutions, including the DIA, DIS, ICC, ICSID, KCAB, LCIA, SCC and VIAC, as well as in international and domestic ad-hoc arbitration such as UNCITRAL. He has successfully represented major clients in some of the largest and most complex disputes in the CEE and SEE regions. A special focus of his practice involves international law on the protection of foreign investments under bilateral and multilateral investment protection treaties. Florian specializes in energy, engineering and construction, banking and finance, as well as the automotive sector. His experience includes numerous thermal, hydro and wind power plant projects, including the largest hydro power plant of Austria, international oil and gas transportation and storage, as well as all aspects of energy trading. Florian lectures at the University of Vienna and frequently speaks and publishes on international arbitration and investment protection. He is ranked by legal directories as “Leading Individual” and recognized as “excellent” and “one of the leading practitioners in Austria”. Florian is recommended by Chambers Global and Chambers Europe and is listed as a leading individual in Legal 500 and JUVE.
Dr. Moritz Keller is a disputes partner based in the Frankfurt office of Clifford Chance. He represents clients in commercial litigation and arbitration proceedings as well as investment arbitration proceedings. Moritz acts for private individuals, companies and corporates, the public sector and States in arbitration proceedings under the ICSID, ICC, UNCITRAL, DIS, Austrian Chamber and many other arbitration rules. Many of the proceedings have a focus on Germany, Austria, Switzerland and the CEE or CIS Region. Moritz has dealt with disputes in a number of sectors, most prominently the energy, infrastructure, construction and banking sectors. While regularly representing clients in post-M&A disputes, clients also often reach out to Moritz because of his in-depth knowledge of the energy, gas or financial markets. In recent years, he has been instructed repeatedly in cases in the pharmaceutical and consumer goods industries. Moritz accepts arbitrator mandates in select cases. In his litigation practice, Moritz focuses on complex cross-border disputes and has frequently advised financial institutions in significant landmark cases in the region. Moritz is a member of the adjunct faculty of the Universities of Passau and Frankfurt am Main, Germany, and is a frequent speaker on a variety of issues of international arbitration.
Jurgita Petkutė is a counsel at KNOETZL, a leading Austrian law firm specializing in arbitration, litigation, alternative dispute resolution, business crime and corporate crisis management. Jurgita’s practice is focused on international commercial arbitration where her experience spans over fifteen years covering a wide array of high-value and complex arbitration disputes particularly in the Baltic region as well as Central and Nothern Europe. She has extensive experience in energy disputes, including electricity, oil, gas exploration, transport and supply agreements, disputes arising out of engineering and construction projects (with contracts based on the FIDIC Conditions of Contract for Construction and other), disputes over the contracts for the supply of goods, corporate and privatization agreements as well as insurance contracts. Jurgita is frequently appointed to act as an arbitrator in significant cases. Her experience as arbitrator includes proceedings under the Rules of Arbitration of the ICC, VIAC, VCCA, SCC and FAI. Jurgita holds a LLM in International Commercial Arbitration Law from Stockholm University, a Master of Laws and Bachelor of Laws degrees from Mykolas Romeris University in Vilnius, Lithuania. She has been a registered European lawyer at the Vienna Bar (Austria) since 2013 and has been a member of the Lithuanian Bar since 2009.
Małgorzata Surdek-Janicka is an independent arbitrator, founder of SURDEK ARBITRATION and Vice-President of the ICC International Court of Arbitration. Before establishing her own independent arbitrator’s practice in autumn 2022, Małgorzata was a dispute resolution partner at CMS with 25 years of experience in the field, and a member of its global International Arbitration Group. She has regularly acted as counsel and arbitrator in infrastructure and construction, post-M&A and commercial disputes in the energy, mining, transportation, technology, and manufacturing sectors. As counsel she has also represented parties in investment arbitrations in the energy and mining industries. Małgorzata is a fellow of the Chartered Institute of Arbitrators, and a member of the ICC Commission on Arbitration and ADR, the Arbitration Commission at ICC Poland, and the Arbitral Women. Małgorzata has been recognized by Chambers and Legal 500 as a most-in-demand arbitrator and in the dispute resolution (Hall of Fame) and insurance categories (Leading Individual). According to Chambers, clients are impressed with “the way she leads the case and her team, as well as the way she formulates her argumentation”. They admire the fact that “she focused on the right things and devised a strong strategy for the hearings”, praise her as “perfect in negotiations”, and commend her “business-oriented attitude”. According to Legal 500, clients and peers consider her “one of the best international arbitration specialists in Poland, highly competent and professional when conducting proceedings”, “a class-act” with “breadth of experience and her own style”. She speaks fluent Polish, English, and French.