…still submit claims, but limited to by a narrower scope of protection. The Energy Charter Treaty (ECT) provides protection for investors in the energy sector. However, the modernized version of…
…The panel highlighted some of the existing frameworks such as the ICSID Mediation Rules, the ECT Mediation Protocol, UNCITRAL Working Group III and its discussions regarding a model mediation provision…
In recent years, the Investor-State Dispute Settlement (“ISDS”) mechanism has attracted widespread criticism from countries, practitioners and academics, which has been the subject of a vast amount of literature. UNCITRAL…
…estate executors, are promising. Others, like the provisions on arbitrators’ responsibilities and fees reimbursements, raise further concerns. As Paraguay moves forward with reform, it must ensure that modernization efforts do…
…and the Energy Charter Treaty (“ECT”). Faced with executive interference in domestic proceedings, the tribunal opted for a general assessment of losses using available submissions, recovering 75% of Petrobart’s claims….
…Enforcement of Intra-EU ECT Awards: Comparing the US, UK and Australian Approaches With the wave of Energy Charter Treaty (“ECT”) renewable energy arbitrations coming to an end, investors are seeking…
…cases, all seeking to enforce intra-EU Energy Charter Treaty (“ECT”) awards against Spain. The lower courts had split: in NextEra v. Spain and 9REN v. Spain, Judge Chutkan found that…
…non-EU member states. The SFSC therefore examined the scope of Art. 26 ECT itself. It found that an interpretation of Art. 26 ECT did not lead to the conclusion that…
…ECT, which incorporates an intra-EU disconnection clause. The Adoption of the Modernised ECT The most significant development of 2024 was the adoption of the modernised ECT by the Energy…
…the Contracting Parties to the ECT were able to find a common ground through the Agreement in Principle on the Modernisation of the ECT in just over two years’ time….
…third parties, undue encroachment on host State sovereignty, as well as limitations set by treaty (e.g., art. 26(8) ECT), a rigorous assessment of their pitfalls falls outside the scope of…
…to be assessed, the Blog’s commentators praised the long-awaited modernization of the state’s arbitration law. Albania Found Liable by ECtHR for Unreasonable Delay in Enforcement of Arbitral Award…
…as well as the EU Declaration on Article 26 ECT (see also here on the Blog’s coverage of ECT-related developments). Finally, in 2024, French investors lodged investment claims against Belgium…
…jurisdictions are balancing modernization with local legal and political considerations. While reforms may generally enhance efficiency and global alignment, divergences remain, which our Blog has been at the forefront of…
…Blog (“KAB”), while the ECT modernization will be discussed separately here. UNCITRAL Sessions in 2024 During the year, three formal sessions, two inter-sessional meetings, the first Advisory Centre on…
…addressed the enforceability of intra-EU investment awards based on the Energy Charter Treaty (“ECT”) against Spain (for previous coverage on this decision, see here and here). It was affirmed that…
…the withdrawal of the EU and many EU member states from the Energy Charter Treaty (“ECT”) as well as the ongoing discussions of reforming the Investor-State Dispute Settlement (“ISDS”) mechanism,…
…adoption of the modernised ECT (I.) followed by a discussion of the procedure for amending the ECT and the entry into force of the modernised ECT (II.), the provisional application…
…EU must respect those objectives and principles when concluding international trade and investment agreements, such as the ECT based on Art. 207 TFEU. This brings us to the ECT, more…
…(“ECT”) are enforceable in U.S. federal courts. With Spain facing over $390 million in awards, the Appellate Court confirmed that U.S. courts have jurisdiction to enforce such awards but left…
…of the Energy Charter Treaty (“ECT”) following the adoption by Germany of the Annual Tax Law 2022. Article 40 of this Law implements EU Regulation 1854/2022, which was adopted following…
On May 17, 2024, Guyana passed the Arbitration Act 2024 (Act No. 6 of 2024) (“AA”). The AA repealed the outdated Arbitration Act, Cap 7:03, Laws of Guyana (Act No….
…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…
