…rules in practice. Alessandro Monti & Matteo Fermeglia, The FET Standard between Treaty Reform and ISDS Practice: An Analysis of the Modernized ECT The Modernization of the Energy Charter…
…the EU of the ECT Modernization Process: Is the Fossil Fuel Carve-out Responsible? The EU’s proposal in 2021 to carve out fossil fuel investments from ECT post-establishment international protection, when…
…ECT Declaration also seeks to retroactively disconnect the ECT for pending intra-EU cases. Accordingly, the Majority ECT Declaration reaffirms the signatories’ “common understanding” that Article 26 ECT “cannot and never…
…various treaties and the withdrawals from the ECT, while highlighting the conclusion of new treaties in the Middle East. She noted that these treaties have new clauses including updated FET…
…(Romatsa). In December 2020, an ICSID tribunal found Spain to be in breach of the Energy Charter Treaty (“ECT”) and awarded the German and Spanish subsidiaries of RWE AG (“RWE”)…
…(“ECT”) and the torrent of claims filed by investors against European Union (“EU”) Member States. These claims challenge retroactive regulatory changes to feed-in tariff and green credit incentive schemes for…
…partially suspending the ECT or rather merely exercising a right conferred on all ECT Contracting Parties. Even after its Article 17 notice takes effect, the EU will still be applying…
…lack of progress with the ECT modernization process. Notably, however, the EU Commission proposed that EU member states should not further block the ECT’s modernization only a few days after…
…of the ECT is based on the change of the global climate situation compared to when the ECT was agreed upon, the most recent cases under the ECT concerned renewable…
…of the primary points of discussion was the ECT, the reasons behind the recent numerous state withdrawals from the ECT, and the potential effects on investors. One of the motivating…
…to demonstrate the ways that the latest innovations would support modernization of Pakistan’s arbitration regime. A Comparative Analysis Arbitral Authority and Efficiency The Existing Act limits an arbitral tribunal’s…
…tribunal found no breach of Art. 10(1) of the ECT. In the last decade, Art. 10(1) of the ECT attracted significant attention, especially in the context of the so-called “renewable…
…effective means and the FET standards under the ECT by failing to implement several court decisions issued in claimant’s favour (paras 810-817, 837-842). The arbitral proceedings concluded in just over…
…clean energy and the need to attract investments in the renewables sector; sunset clauses in the ECT (Article 47(3) of the ECT) and BITs; and the increased membership of the…
…argued that: its consent to arbitration under the ECT did not extend to intra-EU disputes; and Article 26 ECT was incompatible with EU law, which prevails over the ECT. …
On 24 April 2024, the European Parliament voted for the EU to withdraw from the Energy Charter Treaty (“ECT”). Three days earlier, Ecuador had voted to keep the country’s constitutional…
…the aftermath of the economic downturn, eventually triggering investors to initiate arbitrations alleging breach of the Energy Charter Treaty (“ECT”). Although many investors received awards, the Supreme Court of Spain…
…adopted modernized rules for arbitration and mediation and continues to record large numbers of new cases. The Energy Charter Treaty (ECT) completed the drafting a modernized treaty to deal with…
…to adjudicate those claims. This precise challenge was presented in AMTO v. Ukraine (SCC Case No. 080/2005), a case arising under the Energy Charter Treaty (“ECT”) and under the SCC…
…Antin case. According to these courts, Spain waived its immunity by joining the ECT. In contrast, Swiss courts adopted a different approach and rejected the enforcement of the OperaFund award….
…the Energy Charter Treaty 1994 (“ECT”) and commenced an ICSID arbitration pursuant to Article 26 of the ECT. Spain unsuccessfully challenged the jurisdiction of the tribunal, which issued an award…
…ratified 44 bilateral investment treaties (“BITs”) and signed the European Economic Community-Mongolia Trade Cooperation Agreement and Energy Charter Treaty (“ECT”). The majority of these treaties were signed before 2000, reflecting…
…reasonable conduct and expectations of States and investors. Saving the Modernized ECT? The second round of the panel discussion focused on the ECT, and the current chaos created by…
…implemented to its regulatory framework were made for the purpose of tax regulation, and thus outside the scope of the relevant treaty (the Energy Charter Treaty (“ECT”)) – an argument…
