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Expertise in Complex Energy Disputes
Energy disputes sit at the intersection of sophisticated contracts, highly regulated markets, technical issues and significant business consequences. Rapid growth in data centers and other energy-intensive infrastructure is adding complexity around power supply, transmission, interconnection, infrastructure investment and long-term contracting.
FedArb’s Energy Practice Group brings together former federal judges, energy regulators, senior in-house counsel and nationally recognized energy lawyers with experience across electricity, natural gas, oil and gas, pipelines, renewable energy, energy storage and other energy markets.
Our neutrals serve as arbitrators, mediators, experts and strategic advisors in complex energy disputes throughout the United States.
Energy Practice Group Leadership
Robert S. Fleishman
Former General Counsel & Energy Regulatory Lawyer
- Former General Counsel at Constellation Energy Group and Baltimore Gas & Electric Company
- Retired partner and co-head of the Energy Regulatory Practice Team at Kirkland & Ellis
- Past President of the Energy Bar Association
- Editor-in-Chief of the Energy Law Journal from 2005–2019
- Extensive experience in energy regulation, transactions, compliance, enforcement, arbitration and mediation
Hon. Joseph T. Kelliher
Former Chairman, Federal Energy Regulatory Commission
- Served as FERC Chairman and Commissioner
- Implemented the Energy Policy Act of 2005
- Former Executive Vice President, Federal Regulatory Affairs, NextEra Energy
- Nearly 40 years of energy-sector experience spanning electricity, natural gas, hydropower, oil pipelines, regulation, enforcement and compliance
John Burritt McArthur, Esq.
Over Four Decades’ Experience in Energy Disputes
- One of the first partners at Houston’s Susman Godfrey LLP (1983–1992)
- Represented major oil companies, independents and the States of Alaska and Louisiana
- Appointed as arbitrator since 1994 for major oil companies, independents, service companies, electric utility, and hard-mineral producers
- Selected for multiple energy and oil-and-gas arbitrator lists; Fellow of CCA and CIArb
- Author of numerous energy articles and Oil-and-Gas Implied Covenants in the Twenty-First Century
Energy Disputes We Handle
FedArb neutrals understand both the legal framework and the commercial realities underlying energy disputes.
Their experience includes matters involving:
- Data center and energy grid issues
- Electricity and power markets
- Natural gas, LNG, oil and gas
- Pipelines and transportation
- Renewable energy, including solar, wind and hydropower
- Energy storage and distributed energy resources
- Power purchase, interconnection and transmission agreements
- Tariffs, rates and other regulatory matters
- FERC enforcement, compliance and market manipulation
- Energy trading and market activities
- Energy transactions and joint ventures
- Construction and infrastructure disputes
- Environmental, commercial and contractual energy disputes
Energy Dispute Resolution Services
FedArb works with companies, counsel and other parties to select the right neutral and the right process for the dispute.
Arbitration
Resolve complex commercial, contractual and regulatory energy disputes with experienced neutrals and disciplined case management.
Mediation
Evaluate risk, identify solutions and move difficult energy disputes toward resolution.
Early Neutral Evaluation & Litigation Strategy
Obtain an independent assessment of legal positions, exposure, settlement strategy and potential outcomes.
Mock Exercises
Obtain an independent assessment of legal positions, exposure, settlement strategy and potential outcomes.
Expert Testimony
Access experienced energy professionals for analysis and opinions on markets, regulation and industry practices.
Special Masters & Other Neutral Roles
Access experienced energy professionals for analysis and opinions on markets, regulation and industry practices.
Contact a FedArb case manager at energy@fedarb.com
Additional Energy Practice Group Neutrals
R. Doak Bishop, Former Partner and Founder of the International Arbitration Practice, King & Spalding
Doak Bishop has handled more than 100 domestic and international energy and oil-and-gas disputes involving LNG, pipelines, refineries, power plants, renewable energy and complex energy contracts. He founded King & Spalding’s International Arbitration Practice Group and has participated in more than 200 arbitrations as arbitrator and counsel. View full bio
Hon. Susan G. Braden, Former Chief Judge, U.S. Court of Federal Claims
Chief Judge Braden adjudicated oil, gas, electric utility, nuclear energy, hydropower, and related environmental cases on the U.S. Court of Federal Claims. She has served as a FedArb Mediator for a federal district court in an electric energy dispute and previously served in the Energy Section of the U.S. Department of Justice. View full bio
Hon. W. Royal Furgeson, Jr., Former U.S. District Judge, Western District of Texas
Judge Furgeson’s energy experience includes mediation and arbitration of disputes involving royalty owners, energy companies, oil and gas pipelines, environmental issues and class actions in the energy sector.
Judge Furgeson served more than 20 years on the U.S. District Court for the Western District of Texas. His energy experience includes mediation and arbitration of disputes involving oil and gas companies, pipelines, royalty owners, environmental issues and class actions in the energy sector. View full bio
Hon. Thomas B. Griffith, Former Judge, U.S. Court of Appeals for the D.C. Circuit
Judge Griffith served on the U.S. Court of Appeals for the D.C. Circuit from 2005 to 2020, where he authored approximately 200 opinions across administrative, environmental, energy and other areas of federal law. His energy experience includes matters involving the Federal Energy Regulatory Commission, electricity markets, natural gas pipelines, tariffs, rates and federal energy regulation. View full bio
Hon. Randall R. Rader, Former Chief Judge, U.S. Court of Appeals for the Federal Circuit
Judge Rader served on the U.S. Court of Appeals for the Federal Circuit from 1990 to 2014, including four years as Chief Judge. His judicial experience included energy contracts and disputes involving nuclear waste, dams and electrical distribution, pipelines, solar energy and environmental matters with energy-related issues. View full bio
Frequently Asked Questions
FedArb neutrals handle disputes involving electricity, natural gas, oil and gas, pipelines, renewable energy, energy storage, power purchase agreements, interconnection, transmission, tariffs and rates, regulatory matters, energy transactions, environmental issues and other complex commercial matters.
Yes. FedArb’s Energy Practice Group includes arbitrators and mediators with backgrounds as former federal judges, regulators, energy-sector general counsel and nationally recognized energy lawyers.
Yes. FedArb has neutrals with substantial Federal Energy Regulatory Commission experience, including a former FERC Chairman and practitioners with extensive experience involving FERC regulation, enforcement, compliance, electricity markets, natural gas, pipelines and related matters.
Yes. In addition to arbitration and mediation, FedArb provides early neutral evaluation, litigation strategy, mock exercises and expert services that can help parties independently assess disputes, arguments, exposure and potential paths to resolution.
FedArb’s Energy Practice Group has experience across electricity and power markets, natural gas and LNG, oil and gas, pipelines, renewable energy, solar and wind projects, hydropower, energy storage and other energy-related industries.
Yes. FedArb works with parties and counsel to identify neutrals whose experience matches the legal, regulatory, technical and commercial issues involved in a particular energy dispute.
Yes. FedArb neutrals have experience with renewable energy, solar and wind projects, electricity markets, power purchase agreements, transmission, interconnection, energy storage and related regulatory and commercial disputes.
Yes. FedArb includes neutrals with experience in international arbitration and cross-border energy disputes involving oil and gas, LNG, pipelines, power projects, renewable energy and complex commercial agreements.
Talk to FedArb About an Energy Matter
For assistance selecting an arbitrator, mediator or other neutral for an energy dispute, contact a FedArb case manager at energy@fedarb.com.