…Convention and are able to position themselves as the most attractive venue for arbitrations. Moreover, the modernization of domestic arbitration laws is evidence that Gulf States have taken their pro-arbitration…
…not ratified.” Indeed, the Energy Charter Treaty (ECT) was never ratified by the Russian Federation. Nevertheless, Russia had accepted the provisional application of the treaty, which meant that – pending…
…(ECT) or the ICSID Convention. In contrast for those who continue to approach investment law arbitration from a public international law perspective, there is no reason to treat EU law…
…is conceivable. May these two remedies be undertaken by investors? The arbitral tribunal’s perspective Some BITs, such as the Energy Charter Treaty (“ECT”), provide for so-called “fork in the road”…
…case, was the AES v Hungary case, an ECT claim, already addressed in this blog by our colleague Epaminontas Triantafilou. The arbitral tribunal ruled that the EC could intervene in…
…an investment under the ECT [112] and in any case ruled that claimant had failed to substantiate its claim by establishing any liability under the ECT for Ukraine [114]. The…
…(Bits) entered into between its member states (intra ECT Bits). The importance of the existence of the ECT side to side with the intra ECT investment treaties is twofold. First,…
…after such benefits are claimed by the investor. Despite the consistency of the decisions in Rulelec and Pac Rim Cayman, other tribunals hearing claims under the Energy Charter Treaty (ECT)…
…phenomenon in the Latin American region, has been the wider acceptance of international and domestic arbitration. This has mainly occurred through the modernization of national laws, the rise of national…
…attempts to improve its position in the global market. As part of its modernization, El Salvador implemented the CAFTA-DR in January 2009, a free trade agreement between the United States,…
…important feature of the ECT which is itself a very significant treaty for investors, marking another step in their transition from objects to subjects of international law.” (para. 141) Conclusion…
…regulations on prohibition of state aid. In both cases, investors filed claims under the Energy Charter Treaty (”ECT”) (these decisions are nevertheless important for Intra-EU analysis because they oppose an…
…ECT’s existing usage.” Consequently, despite the non-exhaustive list contained in Article 1(6), not every asset constitutes an ‘Investment’ under the ECT, but only those assets that satisfy a double threshold:…
…Manufacturer/Supplier Disputes at https://www.icdr.org ). Before I get any protests from the Arbitrators Union about modernization depriving deserving arbitrators of needed work, let me be clear that, at least for…
…articles were entirely separate. In contrast, the Claimants viewed the ECT Article 45(1) as substantive, which can only be invoked by fulfilling the declaration requirement found in ECT Article 45(2)….
…protections afforded by the ECT” (para 325). In its reasons, the tribunal states that granting the protection of the ECT would be contrary to the principle of nemo auditur propriam…
…at hand, a Hungarian company had entered into a construction contract with a Swiss company for the modernization of an electro steel plant with a COSS-charging system. The first attempt…
…with a substantial legal interest in the arbitration are rare. One such case arose recently in the context of a dispute under the Energy Charter Treaty (“ECT”), between a British…
…ECT from among more than 10 ECT cases registered with ICSID to date, and it reaches many interesting conclusions. It was issued by a tribunal composed of Carl F. Salans…
…UNCITRAL, ECT, SCC, ICC, etc.) Things get dicey, however, when you try to report on complex legal issues and arcane arbitration processes for a lay audience. Take some of the…
