Resolving Clean Energy Transition Disputes: Alternative Dispute Resolution and the Architecture of Multi-Tiered Dispute Resolution Clauses

22 Oct 2026, 14:25
20m
Conference Room 1 (BlueBerry Villas, Eldoret)

Conference Room 1

BlueBerry Villas, Eldoret

Off Eldoret Kisumu highway before the Kapseret by pass
Abstract Specific topics in energy access Renewable energy and sustainable energy transitions

Description

The transition to renewable energy requires intensive capital investment governed by tightly coupled, interdependent contracts. In this high-stakes environment, procedural delays, cash-flow interruptions, and binary judicial remedies can swiftly push capital-intensive projects toward insolvency. Consequently, Multi-Tiered Dispute Resolution Clauses (MDRCs) have emerged as the premier governance mechanism to mitigate project-finance and delivery risks. However, defective drafting frequently transforms these provisions into procedural minefields marked by unenforceability, statute-of-limitations traps, and jurisdictional stalemates. This paper establishes an analytical framework for designing, drafting, and enforcing MDRCs in clean energy contracts,examining the legal standards required to structure negotiation and mediation as binding conditions precedent across diverse jurisdictions while formulating an adaptable, sector-specific model clause.

Title Resolving Clean Energy Transition Disputes

Author

Mr Godliphas Barasa (Nairobi Centre for International Arbitration (NCIA))

Presentation materials