Contractual challenges in renewable energy projects: The role of ADR in managing risks and disputes
1 McKinney School of Law, Indiana University, USA.
2 Nigerian Law School, Lagos, Nigeria.
3 School of Law and Security Studies, Babcock University, Ilishan-Remo, Ogun State, Nigeria.
Review
Global Journal of Advanced Research and Reviews, 2024, 02(01), 078–098.
Article DOI: 10.58175/gjarr.2024.2.1.0034
Publication history:
Received on 24 July 2024; revised on 31 August 2024; accepted on 03 September 2024
Abstract:
Renewable energy projects are increasingly pivotal in the global transition to sustainable energy systems. However, these projects face unique contractual challenges that can lead to disputes and risks, impacting project timelines and costs. This paper explores the critical role of Alternative Dispute Resolution (ADR) mechanisms in managing and mitigating these challenges. The study highlights common contractual issues encountered in renewable energy projects, including ambiguities in contract terms, scope changes, and performance obligations. It examines how ADR methods, such as mediation, arbitration, and adjudication, offer effective solutions for resolving disputes and minimizing disruptions. By analyzing case studies and industry practices, the paper demonstrates the efficacy of ADR in addressing specific issues such as delays, cost overruns, and compliance failures. The findings underscore the importance of incorporating ADR clauses into contract frameworks to enhance dispute resolution processes and risk management strategies. The paper concludes with recommendations for integrating ADR into contractual agreements and emphasizes the need for stakeholders to proactively address potential disputes to ensure project success.
Keywords:
Renewable Energy Projects; Contractual Challenges; Alternative Dispute Resolution (ADR)
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Copyright © 2024 Author(s) retain the copyright of this article. This article is published under the terms of the Creative Commons Attribution Liscense 4.0