Energy Related Arbitration Practitioners (ENERAP) is a worldwide forum that aims to promote the development of arbitration through the study of the characteristics, complexities and challenges involved in commercial and investment arbitration proceedings related to the energy sector.
Every society requires energy consumption for its development. In the past decades, States have set goals to address the latent need to mitigate global warming. To achieve these goals, States have initiated an energy transition focused on the implementation of energy models with lower net carbon emissions. This new model has led, on some occasions, to the premature exit from the market of some energy projects associated with high greenhouse gas emissions and, in turn, has encouraged investment in alternative and less polluting energy projects. This, has directly or indirectly led to an increase of arbitral proceedings.
ENERAP aims to create an inter-jurisdictional forum to analyze the particularities of energy disputes that could be solved through commercial or investment arbitration. To achieve such goal, we aim to bring together all the different players of the arbitration field: state representatives; in-house counsels; economic, financial & technical experts; arbitration centres; commercial arbitration practitioners; ISDS practitioners; and energy law lawyers.
What we do
We organize a wide range of educational and networking events to create a forum where we can analyze and discuss past, present and future disputes that arise from energy projects.
ENERAP main objectives can be summarized as follows:
Prevent disputes: The study of previous disputes and its outcome would prevent States and companies to take the same measures in the future, avoiding ISDS and commercial disputes. To such end, we aim to bring together practitioners, academics, members of States delegations, experts as well as members of different arbitral institutions.
Provide important tools to deal with energy cases: the interaction of the different actors and the analysis of energy disputes will promote a better understanding of how to approach and deal with energy disputes in arbitration proceedings.
Geographic diversity. Through our Chapter’s system we aim to make visible practitioners from all around the world.
Background diversity. We strongly believe that ENERAP should not only focus on international arbitration practitioners but also attract professionals with other energy related backgrounds. Through our Chapter’s system we are committed to also provide a space for those practitioners.
Multicultural access to the arbitration forum. We aim to promote the consolidation of an arbitration forum enrichened with people from different cultures and legal systems.
Gender equality. We shape ENERAP’s Chapters so that they can be a space of equal access and opportunities to any gender.
Seniority diversity. The idea of ENERAP is to converge senior and junior practitioners to enrich the level of the discussions and to help young practitioners to make their first steps in international arbitration.
Arbitrator diversity. We aim to develop an international forum where practitioners can raise awareness of its proficiency and expertise that could lead to their first appointments as arbitrators.
Board of Directors
Dr Crina Baltag is Senior Lecturer in International Arbitration at Stockholm University and qualified attorney-at-law since 2004, with extensive practice in various aspects on international dispute resolution, private and public international law. Crina is member of the Stockholm Chamber of Commerce Arbitration Institute (SCC) Board. Crina’s publications include The Energy Charter Treaty: The Notion of Investor [Wolters Kluwer, 2012]; ICSID Convention after 50 Years: Unsettled Issues [Wolters Kluwer, 2017]; The Future of Investment Treaty Arbitration in the EU [co-editor, Wolters Kluwer, 2020] etc. and numerous publications in leading legal journals and reviews, including on the Denial of Benefits in Investment Law [co-author; Max Planck Encyclopaedia of International Procedural Law , Oxford University Press, 2019]. Crina is the editor of Kluwer Arbitration Blog, co-managing editor of ITA Arbitration Report and member of editorial boards of prestigious journals and book series in the field, including of the Journal of International Arbitration and Bloomsbury’s Global Energy Law and Policy. Crina has been appointed in numerous arbitrations, as sole arbitrator and co-arbitrator under the rules of the ICC, LCIA, SIAC, FAI, and CCIR-Romania. Crina holds a PhD degree in International Arbitration from Queen Mary University of London (UK), LL.M in International Commercial Arbitration Law from Stockholm University (Sweden), M.Sc. in International Business from Academy of Economic Studies (Romania), LL.B. from University of Bucharest (Romania).
Nicolás is a Senior Associate at AKG ADVISORY in Vienna. His practice focuses on investment treaty and commercial arbitration. He built substantive experience advising States and international corporations in the energy, construction, international trade, and food industry sectors in proceedings under distinct procedural rules (including ICSID, PCA, UNCITRAL, ICC and VIAC). Nicolás holds a Master of Laws Degree in International Dispute Settlement (MIDS) from the Geneva University Law School and the Graduate Institute of International and Development Studies. Currently, he serves as member of the Executive Committee of the Latin American International Arbitration Course (LAIAC) and he is also a MIDS Fellow at the Geneva Center for International Dispute Settlement (CIDS). Nicolás has previously worked in London, Geneva and Buenos Aires.
Michael Fernández's practice is focused on complex commercial litigation, international arbitration and regulatory compliance issues. He frequently represents Spanish and Portuguese speaking clients. He has experience representing U.S., Latin America, and other foreign based companies and individuals involved in arbitrations, litigations, and with regulatory compliance issues in the U.S., as well as parties to international commercial and investment treaty arbitrations conducted under the major international rules (UNCITRAL, ICSID, ICDR, etc.). He is admitted to the arbitrator rosters for the Costa Rica Center of Conciliation and Arbitration (CICA) and the Centro de Arbitraje de México (CAM). He was named to Best Lawyers: Ones to Watch for Alternative Dispute Resolution and Commercial Litigation, 2021 and recognized by Super Lawyers as a "Rising Star" in the area of Civil Litigation: Defense, 2018-2019.
Jorge is an Associate at FloresRueda Abogados in Mexico City. Since 2016 he is passionate for arbitration and energy. He studied one semester at Universität Wien and obtained his LL.B. (Hons.) from Universidad Nacional Autónoma de México (UNAM) in 2018. With 3 years of experience, his practice focuses on national and international commercial arbitration and has a big passion for investment arbitration. Regarding energy disputes, he has advised and participated in cases related to gas pipelines, jack-up rigs, combined-cycle power plants, energy-efficient equipment, and a petrochemical plant.