PCERA provides the institutional framework for energy and resources dispute resolution, including:
- Acting as an appointing authority.
- Maintaining a panel of expert resources arbitrators, comprised of advocates, professional arbitrators, and industry experts drawn from Australia and Australia’s major international trading partners including parties from Asia.
- Making arrangements for the necessary facilities to conduct arbitration hearings.
- Providing administrative assistance to the tribunal.
- Offering a modified version of the UNCITRAL Arbitration Rules tailored to the resolution of energy and resources disputes.
- Offering the option of a unique consultative expert resolution process where each party appoints an expert who together work on a solution.
PCERA handles disputes relating to all aspects and stages of a project’s life.
In the exploration and project development stages, this includes disputes concerning the following:
- Exploration (including prospecting and exploration licences and permits).
- Infrastructure supporting energy and resources projects (including access issues for railways and highways, and water, gas, and electricity pipelines).
- State agreements.
- Project feasibility matters involving venturers, investors and financiers.
- Financing (for both projects and associated infrastructure).
- Product liability for products used in energy and resources projects.
For established projects:
- Sales contracts for oil and gas, iron ore, coal, gold, nickel, alumina and all other commodities (including spot market sales and long term contracts, both domestic and international).
- Supply of chemicals and energy and other products needed in the mining, extraction or refinery processes.
- Debt collection and payments.
- Security for payments, such as letters of credit and bonds.
- Gas and electricity pricing.
- Port, shipping and admiralty matters, such as access, payments, demurrage, delay/lay-time, charter party problems and collisions.
- Joint venture issues involving partners and managers.
- Derivatives concerning commodity sales, such as swaps.
- Force majeure events affecting projects and supply.
- Corporate governance and change of control for partnerships and companies in the energy and resources industries.
- Mine and field closure issues, including environmental and remediation liabilities.
Download the PCERA Schedule of Fees.