…States, one can expect that the European Commission will do its utmost to “cetarize” the ECT and declare the ECT non-applicable for intra-EU disputes. Since the ECT is a multilateral…
…with a grand opening plenary moderated by Carolyn Lamm (Partner, White & Case; Chairman, American-Uzbekistan Chamber of Commerce). Focusing on the Forum theme, Law in an Era of Rapid Modernization,…
…Energy Charter Treaty (ECT) and to the case. To begin, Professor Mistelis highlighted that most of the EU developments in investment law are the result of a trade law approach…
…arbitrator failed to fulfill its mandate. Though the District Court did not address the issue as it set aside the awards on the grounds that the ECT had not been…
…contained in the Energy Charter Treaty (ECT) or whether – given the EU’s membership of the ECT – it remains unaffected by the CJEU’s findings for now. Michel NARDIN, Is…
…different obligations applicable to other disputes would damage the coherence in the ECT; there is no EU Law primacy over the ECT and the conflict of laws should be solved…
…pattern. Despite Italy’s denunciation of the ECT in January 2015, which became effective one year afterwards, Article 47(3) ECT, the ECT sunset clause, will protect for 20 more years investments…
…systems. 2. The Achmea Judgement and its Consequences for Intra-EU Bilateral Investment Treaties, Energy Charter Treaty (ECT) and ICSID Arbitrations Paschalis Paschalidis indicated that on 28 January 2019 in…
…classes of dispute, but the ECT contains no such wording. Indeed, the EU had proposed such a clause be included in the ECT, but dropped this before the ECT was…
…is merely silent on the relevance of ECT. It can be inferred that the tribunal deemed Achmea not applicable to multilateral agreements like ECT. Another tribunal, in UP and C.D…
…signatory to the New York Convention and the ICSID Convention, later also joining the Energy Charter Treaty (“ECT”). Upon Hungary’s accession to the EU in 2004 and the EU’s subsequent…
…ECT. Indeed, this “modernization” process encompasses a whole range of ECT provisions, protection standards and principles, which could be “CETAarized”. For example, by replacing the open FET provision with the…
…of the ECT for 20 years after that date. Moreover, even without Brexit, there is uncertainty regarding ECT claims in future. Consultation on the reform of the ECT is currently…
…favourable to the Investor” in terms of Article 16 ECT. Article 16 ECT would thus require Article 26 ECT to prevail. Article 16 ECT is identified by the arbitrators as…
…on this blog (JKX, AQZ, Noble Resources). JKX v Ukraine – In 1998, Ukraine ratified the Energy Charter Treaty (the “ECT“). The ECT provides for SCC arbitration. At that time,…
Throughout the years, Chilean courts and legislation have fostered a pro-arbitration and a pro-enforcement environment, favoring arbitration and recognizing the benefits that are generally attached to it. In such regard,…
…Bilateral Level: Recent Steps Towards a Paradigm Shift Until recently, there has been no substantial effort towards modernization or innovation at the national level, where almost all of the current…
…of Achmea to the Energy Charter Treaty (“ECT“). Signed in 1994, the ECT has generated more investor-state claims between the EU Member States than any other treaty. The Achmea judgment…
…free trade agreements (“FTAs”), attention should be brought to the modernization of a particular international agreement: the EU-Mexico Global Agreement. The new agreement, currently in the works, will replace the…
…fair and equitable treatment as required to by its treaty obligations. The Energy Charter Treaty (ECT), under which these claims are brought, demands that states shall encourage investment, create “stable…
…European Union, which raises fundamental questions regarding the implications for the United Kingdom’s bilateral investment treaties (“BITs”) and, particularly, the Energy Charter Treaty (“ECT”). These issues were explored on 1…
…the case. Finally, the CJEU most certainly did not say anything regarding the ECT or intra-EU ECT ISDS disputes, which were definitely not the subject in the Achmea case. However,…
…Charter Treaty, for example pursuant to Art 24.3.a.II ECT (measures necessary in time of war or other emergency in international relations) and Art 24.3.c ECT (maintenance of public order). He…
…Greece and Estonia. The same holds true for the Energy Charter Treaty (“ECT”), which provides in Article 26 (6) that an arbitral tribunal deciding a dispute between an investor and…
