…narrative that the ECT mainly protects unclean energy producers, the Study also shows that only a handful of ECT disputes relate to fossil fuel or nuclear energy, which, moreover, are…
…law. ECT Modernization Process While the ECT modernization process discussions started in 2017, the first negotiation only started until 2020. The ECT Reform negotiations ended in June 2022. Mr….
…Linhart (Siemens Energy). I. The Modernization Process: Challenges and Achievements The discussions highlighted the challenges and achievements associated with the ECT modernization process. Speakers emphasized the necessity of reforming…
…Member States. The Greening of the ECT Some of the most significant changes to the ECT seek to address the ECT Contracting Parties’ desire to promote sustainable development and…
…States and the EU would still remain party to the ECT. Applicable Legal Framework for Withdrawing from the ECT A withdrawal from the ECT is not going to happen…
…would be competent. Article 26(5)(b) of the ECT (and its reference to Article I of the 1958 New York Convention) was considered as clarifying that an ECT-arbitration constitutes a commercial…
Seeing the Agreement in Principle on Energy Charter Treaty (ECT) “modernization” and its leaked full text, the “modernization” misnomer can safely be abandoned. The renegotiated ECT does not rise to…
…investments under the ECT does not equal continued support for those investments. Investment protection under the ECT is not absolute. It guarantees fair and equitable treatment (FET) to investors and…
…(ECT) and the Energy Charter Protocol on Energy Efficiency and Related Environmental Aspects. The idea of Poland terminating the ECT had not been floated in the media nor was it…
…judgments of the CJEU, the modernisation of the ECT, and noted that, with one recent exception, international arbitral tribunals in intra-EU BIT and intra-EU ECT cases have not accepted jurisdictional…
…investors under the Energy Charter Treaty (ECT) because of the intra-EU character of the dispute, following the approach developed by the Court of Justice of the EU (CJEU) in its…
…impacts in future ECT cases. Prior to the modernization of the ECT, commentators and tribunals noted that the language of Article 10(1) of the ECT was unclear, producing debates as…
…Energy Charter Treaty (ECT) has attempted to address this costly dilemma. Two key elements stand out: One, a “flexibility mechanism” whereby Contracting Parties – based on an ECT Conference’s decision…
…(ECT, Treaty). (paras.153-155). The Tribunal engaged with similar cases, namely Isolux, Eiser and Charanne, and sided with Spain, concluding that Article 10(1) of the ECT does not grant investors, ipso…
…(“ECT”) was inadmissible as it concerns an intra-EU dispute (KG Berlin, Decision 12 SchH 6/21 of 28 April 2022). Germany has appealed the decision to the Bundesgerichtshof (BGH I ZB…
…was negotiated during the window of economic liberalism before President Putin came to power in 2000. Similarly, Yukos v. Russia (US$ 50 bn) was arbitrated under ECT, and the Crimea…
…the EU itself is party to the ECT and non-EU members are also parties to the ECT. The EU proposal for modernizing the ECT, which was published in May 2020,…
…% of ISDS filed under the ECT have been to protect investments in renewables. UNCTAD Dispute Navigator shows that foreign investors have initiated at minimum 35 arbitrations in , Italy…
…contribute to effective safeguarding of the rights and interests of parties to arbitration in the Pearl River Delta. On the other hand, these arbitration modernization steps are attempts to compete…
…ECT, the striking finding was that no arbitral award had included climate change law and objectives (Paris Agreement, Tokyo Protocol) in its legal reasoning. However, she noted that those tackling…
…as summarized below. Status of the ECT Modernization Negotiations The ECT is the most frequently invoked investment agreement. Currently the ECT Secretariat is aware of 145 ECT-based cases, concluded…
…Republic of Kazakhstan, as rendered in Stati, Ascom and others v. Kazakhstan. Kazakhstan was found liable for breaches of the fair and equitable treatment standard under the ECT. The tribunal…
…being set aside. Considering the ongoing modernization process of the ECT, the Komstroy ruling only added uncertainty about the ECT, its membership and the future role of the EU and…
…2 in German court proceedings relating to two ECT-based intra-EU arbitrations brought against them (see here). While these proceedings are conducted based on the (de-localized) regime of the ICSID Convention…
