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”)….
Search Results for: ect modernization
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…
Arbitration, Energy Charter Treaty, Expropriation, Germany, Investment Arbitration, Legitimate Expectations
The German Constitutional Court Judgment in the Vattenfall case: Lessons for the ECT Vattenfall Arbitral Tribunal
…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…
The Rising Interest in the Mediation of Investment Treaty Disputes, and Scope for Increasing Interaction between Mediation and Arbitration
…(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…
The US$50 billion Yukos award overturned – Enforcement becomes a game of Russian roulette
…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…
Yukos Awards set Aside by The Hague District Court
…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…
Where Does the First Investor-State Arbitration Award in the Spanish Renewables Cases Leave Us?
…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…
Mackenzie-Stuart Lecture 2016: Investment Arbitration and EU Law – Juliane Kokott
…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…
The EU and Investment Arbitration under the Energy Charter Treaty
…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…
To Include or Not to Include an Energy Chapter in TTIP?
…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)…
MOL v. Republic of Croatia: The ICSID Case Where Investor Corruption as a Defense Strategy of the Host State in International Investment Arbitration Might Succeed
…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…
International Energy Charter as a milestone for global energy co-operation in the 21st century
…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…
Arbitration Awards, Emergency Arbitrator, Energy Charter Treaty, Enforcement, Investment Arbitration, Ukraine
Enforcement of the JKX Oil & Gas Emergency Arbitrator Award: A Sign of Pro-arbitration Stance in Ukraine?
…(“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…
The New General Organic Code of Processes: A Trojan Horse for Arbitration in Ecuador
…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…
Arbitration, Energy, Energy Charter Treaty, Investment, Investment Arbitration, Investment protection, Investor, Italy, Russia
What’s New with the Energy Charter Treaty?
…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…
Emergency Arbitrators in Investment Treaty Disputes
…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,…
Arbitration in Kuwait: Time for Reform?
…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…
Gaillard and Banifatemi on Strategy Insights into the Yukos Arbitration at Harvard Law School
…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…
BIT, Energy Charter Treaty, European Commission, European Law, European Union, ICSID Convention, Investment, Investment agreements, Investment Arbitration, Investment protection, Investor, ISDS
EU Law and Investment Law: Two Worlds Apart?
…(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…
Are a Bilateral Investment Treaty Arbitration and a Proceeding Before the European Court of Human Rights Compatible?
…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”…
More Than a Friend of the Court: The Evolving Role of the European Commission in Investor-State Arbitration
…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…
Investment Arbitration in the Nuclear Energy Sector: A Brief Note on Investors and Investments
…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…
Multiple Investment Treaties Between The Same States?: The Case Of The ECT
…(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,…
ICSID Convention, Investment Arbitration, Investment protection, Jurisdiction of the arbitral tribunal, UNCITRAL Arbitration Rules
The invocation of “denial of benefits clauses”: when and how?
…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)…