When is a Seat not a Seat?

The recent English High Court decision in Atlas Power Ltd -v- National Transmission and Despatch Co Ltd [2018] EWHC 1052 concerns a number of power purchase agreements entered into by Pakistani independent power producers and the national grid company of Pakistan. It highlights the pitfalls of overly complex drafting in an arbitration agreement and the importance of clearly specifying the seat of arbitration. The key points arising from the decision are: It is the seat of arbitration that determines the curial law of the arbitration, not the governing law of the contract. The choice of the...

Vanessa Allen Sutherland Stepping Down as Chair of U.S. Chemical Safety and Hazard Investigation Board

Vanessa Allen Sutherland just announced that she is resigning from the U.S. Chemical Safety and Hazard Investigation Board (CSB). President Barack Obama nominated Sutherland to be Chairperson, and she was confirmed in August 2015. Ms. Sutherland's resignation will be effective in June. During her three years as Chair, Ms. Sutherland helped the agency to close 12 incident investigations, and she was a tireless advocate for the importance of the Board's mission. The CSB investigates the root cause of industrial chemical incidents and advocates for the implementation of safety recommendations to...

FERC Proposes Reforms to Hydropower Recreational Use Requirements

On May 17, 2018, the Federal Energy Regulatory Commission (“FERC”) issued a Notice of Proposed Rulemaking to eliminate the Licensed Hydropower Development Recreation Report , or FERC Form No. 80 (Form 80) and revise certain public notice requirements (“Hydro Recreation NOPR”). For licensees, the proposed elimination of Form 80 would save the expense of compliance with a regulatory requirement that the Hydro Recreation NOPR itself concedes is otherwise provided to FERC pursuant to license conditions or other requirements. The Form 80 requirement dates back to 1966 when FERC amended its...

U.S. Futures Exchanges Disciplinary Actions Alert: April 2018

The Bracewell U.S. Futures Exchanges Disciplinary Actions Report is a monthly report that provides summaries of certain disciplinary notices by U.S. exchanges during the prior month. The report has a particular focus on notices potentially relevant to energy commodities and is not intended to be a comprehensive review of each and every notice issued. Instead, the report is intended to provide market participants, and compliance personnel in particular, with illustrative examples of rule violations and to bring to light enforcement trends across the exchanges. The disciplinary notices cited in...

DOJ ENRD Memo Blog Series: Enforcement Principle 2: “Enhancing Cooperative Federalism”

On March 12, 2018, Acting Assistant Attorney General for the DOJ’s Environment and Natural Resource Division (“ENRD”), Jeffrey H. Wood, issued a U.S. Department of Justice (“DOJ”) memorandum titled “Enforcement Principles and Priorities” (the “Wood Memorandum”. The Wood Memorandum identified seven enforcement principles for the ENRD. We discussed portions of the Wood Memorandum in our April 19th and April 30th posts. Today, we will discuss the second principle, “Enhancing Cooperative Federalism.” Enhancing Cooperative Federalism The third enumerated principle in the Wood Memorandum discusses...