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Abstract

Energy-related conflicts are on the rise, spanning diverse issues such as the impacts of rare mineral mining on local communities, the impacts of sanctions on energy investments due to the Russia-Ukraine war, and the impacts of expanded subsidies on the electric vehicle and solar panel industries. Increasingly, companies, communities, and governments are clashing over the challenges of pursuing disparate and sometimes competing energy policies. This Article argues that dispute resolution mechanisms in the energy investment sector must be fundamentally rethought. Traditional semi-adjudicatory models, which focus on winners and losers, fail to accommodate the complex and multifaceted nature of contemporary energy disputes. Drawing on current literature and recent events, this Article proposes a new framework, “resilient dispute resolution systems,” which advocates for inclusive, adaptable, and resilient processes. Key features of this approach include fact-finding missions, multi-stakeholder participation, consensus-building, and supervisory procedures that allow for flexibility and adjustment over time. By moving toward a resilient dispute resolution system that embraces ongoing dialogue and diverse stakeholder participation, the energy sector can better navigate shocks, promote transparency, and balance competing goals, ultimately fostering sustainable and equitable outcomes.

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