…ECT compensation standard for treaty breaches to ensure consistency and predictability in future ECT cases. Article 13 of the ECT: A Limited Scope of Application Like other analogous treaty-based…
…is what – if any – progress has been made in the context of the EU’s negotiations with the other ECT contracting parties as part of the ECT modernization process….
The investment protection mechanism in the Energy Charter Treaty (ECT) is meant to, among other things, promote, attract, and protect foreign investments in the member states’ energy sectors. In 2018,…
The Energy Charter Treaty (‘ECT’) opened for signature in 1994, entered into force in 1998, and now boasts some 50 member States. The ECT has since given rise to some…
…a Simple Route to Jurisdiction The arbitrators notably accentuate Article 16 ECT, which states that no provisions concerning the subject matter of Part III or V of the ECT in…
…two matters will be addressed: (1) the exercise of the right to deny the benefits of the ECT; and (2) the time when the respondent Contracting Party to the ECT…
…in the ECT and in effect accelerate the ongoing transition to clean energy. If the EU succeeds with its ambitious proposal, the ECT could be the greenest investment treaty ever…
…to intra-EU ECT claims. First, it is not possible for EU Member States alone to amend the ECT to exclude the application of its ISDS provision inter se. Under ECT…
…Looking at the ECT statistics, we note that there has been a noticeably increasing number of ECT arbitrations since 2013. How could you explain this and do you foresee any…
…bilateral investment treaties (Bits) entered into between its member states (intra ECT Bits). The importance of the existence of the ECT side to side with the intra ECT investment treaties…
…to the ECT, and hence it can be argued that it has agreed to claims under the ECT being determined by the arbitration mechanism specified in the ECT. The EU…
…with the remaining members of the ECT in accordance with Article 43 ECT. The downside of this construction would be the 20-year sunset clause in Article 47 ECT triggered by…
…accord priority to the ECT as it does not operate under EU law but under international law and the ECT. Reforming the ECT The decision in the LBBW case…
…ECT, may provide the claimant with other alternatives for enforcement within the EU. The arbitration award as a possession in the case law of the ECtHR All EU Member…
…more equally accessible. The solution I proposed is what I have termed the “International Arbitrator Information Project,” a project that would aim to provide reliable, online one-stop-shopping for information about…
…the ECT on 13 December 1996. Consequently, according to Kazakhstan, the entry into force of the ECT put an end to its provisional application in respect of the UK and…
…investor to the host State can be regarded as an “investment”; Whether article 26(1) ECT shall be interpreted in a sense that the assignment of a non-ECT economic operator’s debt…
…the ECtHR unanimously agreed that the AC had structural deficiencies that constituted a clear violation of Article 6(1) ECHR. In essence, the ECtHR considered that – among other elements –…
…ECtHR case, Catt v UK is illustrative of how the ECtHR applies the doctrine of margin of appreciation. The ECtHR found the UK violated a peace activist’s right to privacy…
…intra-EU disputes under the ECT? With respect to the ECT as currently in force, the European Commission takes the position that the CJEU’s Achmea judgment also applies to the arbitration…
…Standards and Technology (“NIST”) issued a Framework for Improving Critical Infrastructure Cyber security. The framework defined high-level goals of any cyber security risk management program. Identify, Protect, Detect, Respond, and…
…law. By expressly stating that future project agreements are commercial agreements and omitting any reference to the administrative rescission and termination of the project agreement, the COMMISA contingency seems to…
…the ECT because both corporations were in fact “corporate empty shells” controlled by Spanish nationals and that the character of “foreign” under the ECT was not a formal requirement but…
…tribunal under the ECT. The Russian Federation had signed the ECT but had not ratified it. Conclusions of the Court of Appeal The Court of Appeal concluded that there…
