…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…
…the most relevant: according to an ICC report 18% of BITs refer to ICC arbitration, whereas the SCC Rules are available under 60 BITs and the multilateral ECT. By contrast,…
…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,…
