…over the renewable energy sector. Another illustration is France’s withdrawal from the ECT. While the official reason was that France wanted its sovereignty back to move towards energy autonomy, it…
…Westbroek, focused on the Energy Charter Treaty and its modernization process. Marnix Leijten explained that investors are currently not experiencing a stable, predictable and transparent investment environment, in particular in…
…as regards the level of greening of the revised Energy Charter Treaty (ECT), it should be noted that as in CETA and other recent investment agreements, the ECT now contains…
…modernization program to bring to bear upon the Agreement. Institution building During the pendency of the treaty reform initiative, the OIC established a new OIC Arbitration Centre in Istanbul,…
…by survey respondents; this is in contrast to the known Energy Charter Treaty (ECT) cases, the vast majority of which relates to renewable energy sources. The respondents consider the avoidance…
…Charter Treaty (“ECT“) expressing its view on a number of occasions that amendments to the current ECT provisions are not necessary (as reported in the Blog here). This position likely…
…a different approach as to arbitral awards rendered under the ECT. Against this background, it should also be presumed that the CJEU’s interpretation of the ECT conforms to the ECHR….
…Paris CoA decided to refer three questions to the CJEU regarding the disputed interpretation of “investment” under the ECT for a preliminary ruling. Considering that the ECT was entered into…
…relationship. Accordingly, it concluded that neither the ICSID arbitration proceedings commenced by Uniper and RWE based on Art. 26 ECT nor any other arbitration proceedings between the parties were admissible….
…Holdings Limited (Ostchem), a company associated with Ukrainian oligarch, Mr Dmytro Firtash, brought arbitral proceedings against Ukraine under the Energy Charter Treaty (ECT). The proceedings are fuelled by the Supreme…
…we covered concerned Opinion 1/20. Here, the Court was asked to opine on the compatibility of intra-EU investor-state arbitration under a modernised text of the Energy Charter Treaty (ECT) with…
…ECT Modernization and the Energy Transition in the Western Balkans: What Lies Ahead? sought to put into perspective the implications of the energy transition process on the ECT backlash and…
…member states have declared that they would denounce the ECT rather than endorse a modernized version of the treaty (previously discussed on the Blog), France did so in late October…
…the basis of BITs and the multilateral Energy Charter Treaty (ECT). Yet, pushback against the very existence of ISDS is strong, not least because the risk of liability under investment…
…bound to enforce an ECT arbitral award—subject to the ECT and other EU law but without constitutional impediment. But a reformed ECT can expect a court challenge to Irish ratification….
…2023. The Blog covered the ECT Modernization process since its inception, and in 2022 we covered various different perspectives on ECT modernization, with some commentators supporting the modernized treaty (see,…
…Safeguard Space for Climate Change Policies Developments in the modernization process of the Energy Charter Treaty (ECT) – discussed here and here – also demonstrate that climate change is now…
…where the CJEU discussed the (in)compatibility of the ECT international dispute resolution mechanism (Art. 26 of the ECT) with EU law. The seemingly last avenue was blocked by the CJEU…
…2022. We discuss these major developments below. Modernization and Cooperation On July 1, 2022, ICSID issued its 2022 Arbitration Rules with important changes that included an expedited proceeding to…
…means to express consent, in practice, has been through BITs, or multilateral treaties such as the Energy Charter Treaty (ECT). Unlike national legislations where an offer to arbitration is given…
…Charter Treaty (ECT). Croatia responded in 2014 by initiating arbitration proceedings based on the Shareholder Agreement under the UNCITRAL Rules, arguing that, on account of the alleged corruption on the…
…it offers default guidance on how treaties enter into force, how States leave treaties (a topic that is quite relevant in light of current ECT terminations), and how to interpret…
…judgments. In this context, the news that the much needed modernization of the Energy Charter Treaty (ECT) will be postponed, did not came as a surprise. While the ECT Modernization…
…in FY2020 (16%). In this regard, commentators have remarked that this increase will continue in light of news regarding the ECT modernisation process (see analysis here and here). While the…
