“High Energy: Investment and Commercial Disputes in the Energy Sector in These Tumultuous Times”

Presentation

Join us at VIAC’s event in collaboration with Arb|Aut during the 2026 Paris Arbitration Week.

Europe’s energy sector is entering a period of profound uncertainty. Political upheaval, volatile markets, and rapidly evolving regulatory frameworks are reshaping the landscape for investors, states, and commercial actors alike. This session explores the disputes already emerging — and those expected to arise — as the sector adjusts to these pressures.

We will examine the future of investment protection, including whether the ISDS system can continue to offer meaningful safeguards to energy investors in light of the European Commission’s stance on intra‑EU arbitration, increasing clawback measures, state withdrawals, and the implications of new‑generation BITs and the ECT modernisation process.

The discussion will also address how contractual strategies are evolving. As treaty‑based protections fade, energy investors are increasingly turning to contractual mechanisms such as stabilisation clauses, discriminatory action provisions, and change‑of‑law clauses to mitigate risk and secure greater certainty.

Finally, we will look at trends in commercial arbitration, including disputes linked to sanctions, price renegotiations, construction and PPP projects, and the cascade of claims arising from delayed or cancelled energy projects. The panel will consider what types of disputes are currently most prevalent — and what the industry should expect in the coming years.