…meaning of the ECT are fulfilled could also be relevant in the context of intra-EU ECT disputes. Therefore, the creation of a uniform interpretation of the ECT – that is…
…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….
…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…
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…
…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…
…Energy Charter Treaty (ECT). As of late 2020, the ECT has been invoked in 43 extra-EU investment disputes but also in 83 often high-value intra-EU investment disputes. The ECT is…
…should deny the benefits of the ECT. The brief analysis below reveals that the proposals for the amendment of Article 17 of the ECT are triggered by the evolving practice…
…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…
…favourable to the Investor” in terms of Article 16 ECT. Article 16 ECT would thus require Article 26 ECT to prevail. Article 16 ECT is identified by the arbitrators as…
…Spain tribunal found that “although the EU is a party to the ECT, EU Member States also remain contracting parties to the ECT”, and therefore, both the EU and its…
…(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 is twofold. First,…
…signatories have declared that they want to make the ECT greener. Recently, the Energy Charter Secretary Urban Rusnák has stated that the ECT can play a key role in the…
…indeed exists. Nevertheless, the AG’s reasoning is flawed. It suggests that any ruling on the notion of investment under Art. 26 (1) ECT would be moot if intra-EU ECT arbitration…
…based on the provisions of the ECT, not EU law; the ECT expressly gives the tribunal exclusive jurisdiction; and there is no clash between ECT protections and EU law which…
…compensation if they lose an ECT case.” The ECT modernisation process has continued to bring these issues into sharp focus. One key issue has been the connection between the environmental…
…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…
…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 was made…
…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 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 (Derimen’s) to…
…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…
…the Treaty yet: Australia, Belarus (applied ECT provisionally), Iceland (ratified ECT in 2015), Norway and Russian Federation (withdrew from the provisional ECT application in 2009). of the Energy Charter Treaty,…
