CJEU Does Not Buy Wathelet’s Opinion in Achmea – What Is Left Unanswered?
…are the parties to the ECT? The AG noted in his opinion earlier last year, that if any EU institution or any Member State had “the slightest suspicion” that the…
Search Results for: ect modernization
The CJEU’s Achmea Judgment: Getting Through the Five Stages of Grief
…relevance under international law, others angrily dismiss it as unreasoned and politically motivated, while many attempts to “bargain” a way out for intra-EU arbitrations under the ECT and/or ICSID given…
Legitimate Expectations in Renewable Energy Treaty Arbitrations: The Lessons So Far
…the Energy Charter Treaty (ECT) and various BITs. Currently there are tens of pending investment treaty arbitrations with respect to renewable energy projects in Spain, Italy, Czech Republic, etc. A…
Achmea, Arbitration, Energy, Energy Charter Treaty, European Commission, European Union, Italy, Spain
Novenergia v. Kingdom of Spain, the ECT and the ECJ: Where to now for intra-EU ECT claims?
…based on the provisions of the ECT, not EU law; the ECT expressly gives the tribunal exclusive jurisdiction; and there is no clash between ECT protections and EU law which…
After Achmea: The Need for an EU Investment Protection Regulation
…on investment protection, or instead continue its rather destructive approach against the remaining investment treaties such as the ECT and the 1500 extra EU BITs of the Member States. …
The Judgment of the CJEU in Slovak Republic v. Achmea – A Loud Clap of Thunder on the Intra-EU BIT Sky!
…as well as intra-EU disputes under the Energy Charter Treaty (ECT), may be less clear. It also remains to be seen how investment treaty tribunals, who thus far tend to…
Rockhopper vs Italy: Weighing Legitimate Expectations Up Against Investor’s Due Diligence in M&A Deals
…likely) Arbitral Claim: FET violation Since RKH claimed that Italy breached the ECT, the Claimant is going to maintain that Italy breached Part III of the ECT and, in all…
The Three Hottest Energy Arbitrations of 2017
…the award on the basis of the tribunal’s decision on its jurisdiction, finding that Russia had not bindingly agreed to provisionally apply the ECT under article 45 of the ECT….
Some Critical Observations on the EU’s Foreign Investment Screening Proposal
…bipartisan group of lawmakers introduced a long-awaited Foreign Investment Risk Review Modernization Act of 2017 (“FIRRMA”), which would modernize the CFIUS review and approval process. The proposed bill would broaden…
Arbitration, Energy, Energy Charter Treaty, Intra-EU BITs, Investment Arbitration, Investment protection
A New, BLEU-based Objection to Intra-EU Energy Charter Treaty Claims
Currently, several dozen arbitral claims have been lodged by investors from an EU Member-State against another EU Member-State based on the Energy Charter Treaty (ECT). These so-called intra-EU ECT-based arbitrations…
A Possible Objection, Not Yet Raised, to Intra-EU ECT Claims before the ICSID: Terra Raf Trans Traiding Ltd. v. Kazakhstan Versus Eiser v. Spain
…a counter-argument to the finding of this tribunal may come – funnily enough – not from an intra-EU ECT-based precedent, but from a non-intra-EU ECT-based one, namely an ECT-based arbitration…
Arbitration in the CIS Region: from Soviet Roots to Modern Arbitration Laws
…Treaty (ECT). Figure 2. Total Number of BITs signed by CIS States Overall, the countries in the region have concluded more than 550 investment treaties, including BITs, free trade…
Yukos and the Provisional Application of the GATT: An (im)perfect Analogue?
…Charter Treaty (ECT), which provides for the provisional application of the ECT “to the extent that such provisional application is not inconsistent with” a signatory’s “constitution, laws or regulations”. Readers…
Amicus Curiae, Arbitration, Energy Charter Treaty, European Commission, European Law, European Union, Intra-EU BITs
The Future of Intra-EU ECT Claims in the Face of EC Opposition: Boom or Bust?
…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…
Arbitration, Energy, Energy Charter Treaty, European Commission, Fair and Equitable Treatment, Investment Arbitration, Italy, Legitimate Expectations
Legitimate Expectations in the Absence of Specific Commitments According to the Findings in Blusun v. Italy: Is there Inconsistency Among the Tribunals in the Solar Energy Cases?
…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….
Squaring the Circle: Reconciling the Conflicting Awards in the Eiser and Isolux Spanish Renewable Cases (Part I)
…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…
Caribbean Islands in the Mood for Arbitration
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…
Eiser Infrastructure v. Spain: Could the tide be turning in favor of photovoltaic foreign investors in Spain?
…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…
Spanish Energy Arbitration Saga: Green Light for Investors Claiming Breach of FET?
…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…
Energy, Energy Charter Treaty, ICSID, ICSID Arbitration, ICSID Convention, Investment, Investment Arbitration, Investment protection, Investor
A First Look at Eskosol S.p.A. in liquidazione v. Italian Republic: Has Either Party Gained the Upper Hand?
…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…
Arbitration Institutions and Rules, ICSID, ICSID Arbitration, ICSID Convention, Investment, Investment agreements, Investment Arbitration, Investment protection, Investor, ISDS
Celebrating the Semicentennial: New Proposed Changes to the ICSID Arbitration Rules
…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…
Enterprises in China’s Free Trade Zones Enter 2017 with New Options for Arbitration
…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…
200 Billion Reasons for Keeping NAFTA
…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”)….
The New Ecuadorian PPP Act: A New Opportunity for Foreign Investment? Some Caveats Regarding Arbitration
…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…