…Spain tribunal found that “although the EU is a party to the ECT, EU Member States also remain contracting parties to the ECT”, and therefore, both the EU and its…
…two sentences of Art. 10(1) ECT. The violation of the obligation in the first sentence of Art. 10(1) ECT was the key assertion on which the Claimants in Blusun v….
…Treaty (ECT) arising from the rollback of the renewables regulations. Final awards have been issued in only three cases: Charanne (Stockholm Chamber of Commerce, January 2016); Isolux (Stockholm Chamber of…
In an interview given to the Paris Review in 1981, Colombian writer Gabriel Garcia Marquez observed that “Caribbean reality resembles the wildest imagination.” This myth (or reality) of the Caribbean…
…29 Energy Charter Treaty (“ECT”) arbitrations left against Spain for the same measures in the CSP sector. So, what changed since Charanne? Many are probably wondering what changed since the…
…the ECT) and be awarded with compensation as a response to the host State’s action. The Tribunal concluded that Article 10(1) of the ECT protects investors from a fundamental regulatory…
…Rules of Procedure for Arbitration Proceedings (Arbitration Rules). In 2015, Eskosol filed a Request for Arbitration based on Italy’s claimed violation of the Energy Charter Treaty (ECT). Italy petitioned the…
…awards ordered by the ad hoc committee; allocation of costs; annulment; publication of decisions and orders (compared to the current provisions referring to awards); as well as the modernization of…
…and other factors. The Opinions may be the beginning step, therefore, and not the final word, towards the modernization of China’s arbitration regime. And it follows a track not entirely…
…investors under NAFTA also have a right to resort to investment treaty arbitration. NAFTA is the second most invoked treaty in investment arbitration disputes, after the Energy Charter Treaty (“ECT”)….
…been overcome after the publication of the State Modernization Act in 1993. The latter eliminated the requirement of exhausting the administrative proceedings as a prerequisite to submit judicial claims challenging…
…arbitral tribunal in the ECT Vattenfall dispute. As is well known, the ECT Vattenfall dispute (as well as the dispute before the GCC) relate to the rather sudden decision of…
…(2014), and the UNCITRAL Conciliation Rules (1980). With the exception of the IBA Rules, the ECT Guide differs to existing sets of rules insofar as it focusses specifically upon investor‑State…
…under the ECT, which Russia signed in 1994, but never ratified. The Hague Court concluded that Moscow had not agreed to be bound by the ECT’s provisional application and certainly…
…examined in turn whether (i) the Energy Charter Treaty (the “ECT”) was provisionally applicable pursuant to Article 45 ECT and (ii) whether or not the arbitration clause of Article 26…
…the ECT because both corporations were in fact “corporate empty shells” controlled by Spanish nationals and that the character of “foreign” under the ECT was not a formal requirement but…
…in 2009 with the International Centre for the Settlement of International Disputes (ICSID), whereby it claimed that Germany had violated the Energy Charter Treaty (ECT) by imposing strict environmental conditions…
…investment arbitration under the Energy Charter Treaty (ECT). It aims to provide a comprehensive and up-to-date coverage of the topic and explore the broader implications of the application of the…
…BITs between the US and several EU Member States, and the ECT. This could lead to divergences and legal conflicts with the ECT jurisprudence and EU law (including the CJEU)…
…this arbitration. The tribunal may hold that the protection under the ECT does not cover investments that are contrary to domestic or international law, notwithstanding that the ECT does not…
…to bring about this modernization of the Charter for wider global engagement of states from all regions and to respond to the acute need for sustainable development of energy through…
…(“ECT”) and the Ukraine’s bilateral investment treaties (“BITs”) with the Netherlands and the United Kingdom. On January 14, 2015, emergency arbitrator (“EA”) Rudolf Dolzer issued an emergency decision ordering Ukraine…
…code is indeed a welcomed modernization of the judicial system in Ecuador. It brings various benefits and allows for modern, effective, and more expeditious litigation. But, as Virgil said in…
…on 31 December 2014, Italy notified the ECT Depository (the Government of Portugal, according to Article 49 of the ECT) of its intention to withdraw from the ECT. Although there…
