Jurisdiction(s):
United Kingdom

Energy sector dispute claims: claimant checklist on cross-border issues, forum selection, sovereign immunity, evidence, disclosure, pre-action protocols, stakeholders and enforcement (England and Wales)

Published by a LexisNexis Energy expert

Checklists

This Checklist

This Checklist sets out the principal matters to weigh when advising a potential claimant on pursuing a claim in an energy dispute. It spans a broad spectrum of disputes, the common thread being their basis in the energy sector, embracing claims linked to oil and gas exploration and production, the design, construction and operation of facilities that process and transport hydrocarbons, together with the generation of power and the sale of energy. By their nature, energy projects are typically intricate, multi-layered and frequently involve international elements. Accordingly, it is prudent from the outset to work with a clear checklist that captures every general and specific issue that must be addressed when managing such a dispute. For further guidance on responding to both energy disputes and attendant litigation, arbitration and ADR guidance, see the links to our related content on the right-hand side of this page. This Checklist should be read alongside Practice Note: Starting a claim in an energy dispute—a practical guide.

Action Comments Consider any cross-border issues

Given the likely international element(s) to the dispute, you will need to consider at the outset:

the applicable (or governing) law of the contract(s)...

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John Gilbert

John Gilbert is co-chair of Bracewell’s international arbitration practice and is based in its London office. John resolves disputes across the energy sector through litigation, arbitration, expert determination and mediation. He advises on a broad range of disputes related to oil and gas exploration and production, the construction and operation of pipelines and the downstream sector. John has particular experience representing clients locked in disputes over gas sales agreements, including price reviews and on the operation of take-or-pay provisions. In addition, he advises on a broad range of disputes relating to power generation, both conventional and renewables. John has also represented clients in issues concerning ESG, including matters concerning business and human rights, anti-bribery and money laundering obligations and on conducting investigations. For six years, John previously served as in-house counsel in the dispute resolution team of an oil and gas...

Web page updated on 20/05/2026

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