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…

…all of its MS being parties to the ECT, the European Commission (EC) was mandated to represent the MS in the ECT modernization negotiations. Under the final EU proposal submitted…

…the Energy Charter Conference announced its list of approved topics for the modernization of the ECT. The list included several substantive investment protection provisions. This post focuses solely on the…

…encapsulates key takeaways from the webinar. An Overview of ECT Dispute Settlement: The Energy Charter Treaty (“ECT”) entered into force 22 years ago, and there is now a considerable body…

…on intra-EU investor-state arbitration under the Energy Charter Treaty (ECT) remains disputed. Twenty-two Member States declared that intra-EU arbitration under the ECT was equally incompatible with primary EU law and…

…the interpretation of the notion of ‘investment’ under the ECT, but also on the validity of intra-EU ECT arbitration.   Solution and reasoning The CJEU’s jurisdiction was debatable (and disputed…

…the ECT’s carve-out for taxation measures (Art. 21(1) ECT) and the claw-back for taxation measures constituting expropriation (Art. 21(5) ECT). Russia complained that the tribunal had failed to make a…

…a counter-argument to the finding of this tribunal may come – funnily enough – not from an intra-EU ECT-based precedent, but from a non-intra-EU ECT-based one, namely an ECT-based arbitration…