Search Results for: ect modernization

Eastern Europe, ECT Modernisation, ECT Withdrawal, Energy Charter Treaty, EU Withdrawal Act, European Union, Hungary, Intra-EU Investment Arbitration

(ESSEC Business School, Paris; Paragon Advocacy) and (Permanent Representation of Hungary to the European Union)/ /Leave a comment

…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…

Anti-enforcement Injunction, Energy Charter Treaty, Enforcement, Germany, Injunction, Intra-EU Investment Arbitration, Intra-EU ISDS, Investment Arbitration, Spain

(University of Cologne (International Investment Law Centre))/ /Leave a comment

…(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”)…

Denial of Benefits, Energy Charter Treaty, EU Law, European Commission, European Union, Investment Arbitration

, (Pinsent Masons)/ /Leave a comment

…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…

Conference, ECT Modernisation, Energy Charter Treaty, England, English Arbitration Act, English courts, English Law, EU Law, Europe, European Court of Justice, LIDW 2024, UK

(Bucerius Law School), (Avizor Advocates & Arbitrators), (BonelliErede), and (Squire Patton Boggs)/ /Leave a comment

…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…

Arbitration, Energy, Energy Charter Treaty, Energy Dispute, EU Law, European Law, Investment, Investment Arbitration, Investment Disputes, Investment law, Investment protection, Investment Treaties, Investor-State arbitration, Investor-state tribunals, Italy, Jurisdiction of the arbitral tribunal, Jurisdictional challenge, Renewable energy

(Università degli Studi di Trento)/ /Leave a comment

…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…

Access to Justice, Albania, Arbitral Award, Arbitration, Enforcement, European Court of Human Rights, Foreign arbitral awards, Investment Arbitration, Investment Disputes, Investor-State arbitration, Investor-state tribunals, ISDS, Recognition, Recognition and enforcement of arbitral award

, (Fietta LLP)/ /Leave a comment

…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…

Achmea, BIT, CJEU, Domestic Courts, ECT Withdrawal, Energy Charter Treaty, Europe, foreign direct investment, Foreign Investment, International arbitration, Intra-EU Investment Arbitration, Investment Arbitration

, (Clifford Chance)/ /Leave a comment

…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…

European Investment Law and Arbitration Review

(School of International Arbitration, Queen Mary University of London (QMUL)) and (NL-Investmentconsulting)/ /Leave a comment

…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…

CJEU, Corruption, Enforcement, Immunity, Intra-EU ISDS, Investment Arbitration, Paris Arbitration Week, Public Policy

, , (Curtis, Mallet-Prevost, Colt & Mosle LLP)/ /Leave a comment

…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….

ICSID, Recognition and enforcement of arbitral award, Sovereign Immunity, UK, Zimbabwe

(3 Hare Court)/ /Leave a comment

…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…

CEE, Central Asia, Enforcement, Paris Arbitration Week, Russia, Sanctions, Third party funding

(Addleshaw Goddard LLP)/ /Leave a comment

…BITs and supports the Energy Charter Treaty (“ECT”). Rižnik also referred to Bosnia’s modern model BIT, particularly in terms of environmental considerations, and Slovenia’s exit from the ECT in light…

Achmea, Arbitration Awards, Enforcement, International Investment Arbitration, Legitimacy, Paris Arbitration Week

, (Laborde Law)/ /Leave a comment

…1/17. Lastly, Prof. Bermann commented on Spain’s recent attempts to resist the enforcement of three ECT awards before a US court (covered on the Blog here). He thought it arrogant…