TYPES OF ENERGY CONTRACT DISPUTES

Disputes can arise in all areas of the energy sector and its sub-sectors. These disputes can be contractual, regulatory, technical, or political in nature and some may even require international arbitration.

Common energy contract disputes include those involving:

• Breach of contract
• Patents
• Environmental investigations
• Contract stabilization/concessions
• Price review
• Licensing
• Raw materials
• Adverse government action
• Non-compete agreements
• Liability
• Breach of fiduciary duty
• Environmental claims
• Regulatory disputes and proceedings
• Operation of hardship provisions
• Business torts
• Permissions/consents
• Supply disputes
• Employment contracts
• Partnership and business-to-business disagreements

Potts Law Firm is well-versed in the complex and technical nature of these and other common energy disputes. We have extensive experience litigating all types of energy contract disputes and related matters across various energy sub-sectors, including oil and gas, renewable energy, electric and power, combustible energy, and nuclear energy. We understand the complex and often-changing regulations involved in each area of the energy sector, as well as how to effectively resolve disputes through arbitration, litigation, and trial.

COMMON RECOVERABLE DAMAGES

Typically, the damages recoverable for a breach of contract are specified in the contract. If they are not specified, contact one of our energy contract dispute attorneys, as various applicable state and/or federal laws will almost certainly affect the recoverable damages in your case.

Generally speaking, plaintiffs are entitled to seek compensation for losses stemming from the breach or wrongful termination of a contract. This typically includes financial losses, as well as reputational and/or ongoing business damages to the individual or entity bringing the claim. Our attorneys can review your claim and determine the types of damages you may be entitled to receive.

IS ARBITRATION REQUIRED IN ENERGY CONTRACT DISPUTES?

Arbitration—a form of alternative dispute resolution that involves settling disputes out of court before a qualified arbitrator—is often required by various energy contracts. You should be able to determine whether arbitration is required to resolve your dispute by reviewing the contract. However, if you are unsure, reach out to Potts Law Firm for a complimentary consultation.

In addition to trying cases, our firm handles energy contract dispute arbitration and other forms of alternative dispute resolution. Many oil and gas contracts specifically require arbitration. The lawyers at Potts Law Firm have significant experience litigating arbitration matters throughout the country.

The arbitration process is similar to the process of trying cases and often involves the following:

• The plaintiff files the initial claim
• The respondent answers the claim
• The arbitrator panel is selected
• Both parties attend prehearing conferences with the arbitrators
• Information is exchanged between the two parties in a process known as discovery
• Both parties meet with the arbitrators to present their arguments in a formal hearing
• The arbitrators evaluate the facts presented and present a written decision
• If desired, one of the parties may file an appeal

Our energy contract dispute attorneys provide personalized representation at every step of the legal process. We are prepared to handle all aspects of your case, including arbitration, litigation, and trial.

IS THE CONTRACT CONSTRUED AGAINST THE DRAFTER?

Whether the contract language is construed against the drafter, or contra proferentem as it is termed in Latin, depends on a myriad of factors including:

• What state or federal law applies
• Whether the contract is truly ambiguous
• The actual interaction of the parties with regard to the drafting of the contract

At Potts Law Firm, our lawyers are well-experienced in litigating energy contract disputes. We can discuss the specifics of your case during a free and confidential consultation.