⚡ Sector Bench · UNIONE™
Energy, Oil, Gas & Climate
Energy contracts are long, cross-border, and entangled with regulatory change. The energy transition is creating a new class of disputes faster than any institution was built to address.
PSA/PSCJOALNG SPATake-or-PayRenewables PPAForce MajeureECT
USD 4.2B
estimated annual value of energy arbitration claims - the highest of any sector
3.8 years
average duration of a major energy arbitration involving state parties
USD 12M+
average combined party costs in upstream oil & gas arbitration
AIPN Model JOA · 2012 & 2023 versions
PSC/PSA · Gulf, West Africa, Southeast Asia
LNG sale and purchase agreements
Renewables PPA & grid connection disputes
Force majeure & MAC clause analysis
ECT claims · post-Achmea & modernisation
AIPN Model JOA · 2012 & 2023 versions
PSC/PSA · Gulf, West Africa, Southeast Asia
⚡ Common Dispute Types
What Energy Fellows handle.
The UNIONE™ Energy bench is built for practitioners with genuine sector depth - not generalists with a passing familiarity with the standard forms.
Force Majeure & MAC
Force majeure event qualification, MAC triggers, and regulatory change claims - increasingly common as energy transition policy outpaces contract language.
Take-or-Pay & Volume Shortfall
LNG, gas, and PPA volume and pricing disputes, swing capacity, and nomination failures.
Production Sharing Disputes
Cost recovery, profit split, government audit, and interest rate transition under PSA/PSC structures.
JOA Disputes
Operatorship, cash call defaults, AFE overruns, and carried interest under AIPN and bespoke JOAs.
Renewable Energy
Offtake agreement disputes, grid connection failures, curtailment compensation, and interconnection rights.
Decommissioning & Environmental
Decommissioning cost sharing, environmental liability allocation, and regulatory compliance disputes as fields mature.
Prevention First · Arbitration Last
The right instrument
for every stage.
Every UNIONE™ engagement begins with prevention. Arbitration is always the last resort.
Prevention
DPC - with Regulatory Monitoring Protocol
Energy DPCs include a Regulatory Change Monitoring Protocol unique to this sector: the Standing Neutral monitors energy transition legislation, sanctions, carbon pricing, and upstream regulatory changes throughout the contract lifecycle - not just at certification.
Quarterly regulatory monitoring. State entity immunity review. 72-hour Trigger activation.
Evaluation
Neutral Evaluation - Sector Specialist
Pre-dispute assessment of force majeure entitlement, take-or-pay quantum, PSA cost recovery position, or JOA operatorship dispute. Petroleum engineers, energy lawyers, and commodity specialists on the bench.
7-14 business days. Petroleum engineer or energy lawyer. Without-prejudice.
Expert Determination
Commodity Pricing & Technical Questions
Binding determination of commodity pricing disputes, AFE quantum, PSA cost recovery, and technical petroleum engineering questions.
Binding under contract. 4-10 weeks. Petroleum engineer or energy lawyer.
Arbitration
UNIONE™ Arbitration · Rules v3.0
Energy-specialist tribunal in 15 days. ERR includes sovereign immunity assessment and full enforcement mapping across all relevant asset jurisdictions. State party procedures in Rules v3.0.
Energy bench. Sovereign immunity ERR. State party procedures. Rules v3.0.
DPC in Energy Contracts
Prevention built into the contract.
Not retrofitted after the dispute.
The DPC Standard v1.0 applies across all commercial contract types. In energy contracts, specific checkpoints carry particular weight.
DPC Fees - Energy Contracts
Standard (to USD 10M): USD 2,500–5,000 + USD 1,200–2,400 p.a.
Advanced (to USD 100M): USD 8,000–18,000 + USD 4,800–9,600 p.a.
Complex (USD 100M+): From USD 25,000 - assessed individually
Advanced (to USD 100M): USD 8,000–18,000 + USD 4,800–9,600 p.a.
Complex (USD 100M+): From USD 25,000 - assessed individually
Contract Frameworks
Standards covered.
UNIONE™ Energy Fellows hold demonstrable experience with the following standard frameworks.
AIPN Model JOA (2012 & 2023)
LNG Sale & Purchase Agreements
Power Purchase Agreements (renewables & conventional)
Production Sharing Contracts - Gulf, Africa, Southeast Asia
ISDA Energy Master Agreement
ECT (post-Achmea & modernisation)
ERR · Enforcement Readiness Review
ERR jurisdictions - Energy.
The UNIONE™ ERR reviews enforceability across all relevant jurisdictions before every final award.
ERR Coverage · Energy
England & WalesFull enforcement
NetherlandsFull enforcement
UAE / DIFCFull enforcement
SingaporeFull enforcement
KazakhstanRecognition - conditions apply
NigeriaRecognition - conditions apply
Coverage across 170+ jurisdictions. Updated quarterly by the UNIONE™ ERR team.
Who This Bench Serves
The full energy
dispute ecosystem.
UNIONE™ provides the institutional framework and the Fellows who carry it out.
IOCs & NOCs
DPC from PSA or JOA signature. Standing Neutral with regulatory monitoring for the full contract lifecycle.
Renewable Energy Developers
DPC on offtake and grid connection agreements - prevention the energy transition contracts need.
Project Finance Lenders
DPC as a condition precedent for financial close. Standing Neutral reporting within lender monitoring.
LNG & Commodity Traders
DPC on take-or-pay risk. Neutral evaluation before any force majeure claim is made.
Governments & Energy Ministries
Standing Neutral for PSA and concession agreement monitoring - independent of both investor and state.
Energy Transition Investors
DPC on hydrogen contracts, carbon credit agreements, and CCS arrangements.
Join the Energy Bench
What the Energy bench requires.
A four-stage review of specialism, independence, and practice alignment. Not a minimum appointment count. Practitioners at all career stages are welcome.
Q
Qualification. Law, engineering, geosciences, or energy economics qualification.
E
Experience. 8+ years in energy, oil & gas, or power sector disputes, transactions, or regulatory roles.
S
Sector Knowledge. Demonstrable experience with at least two of: PSAs, JOAs, LNG SPAs, PPAs, or energy derivatives.
S
Specialism. Understanding of energy transition regulatory frameworks required.
I
Independence. Ability to maintain independence across a multi-year energy contract, particularly where one party is a state entity.
All Sector Benches