…provide a brief overview, in 2014, an arbitral tribunal seated in The Hague found that Russia had unlawfully expropriated Yukos’ assets in breach of the Energy Charter Treaty (“ECT“) and…
…the Energy Charter Treaty (“ECT”) complicates the landscape even further. Questions were raised around how the arbitration community should deal with the risk of disappearance of intra-EU investment arbitration and…
…from Global Justice Now) In 2023, several EU members left the ECT, the largest investment arbitration treaty, after accusations that companies “weaponise” this “climate-wrecking,” “climate-killing” “obscure energy treaty”…
…“upstream national legal protection” to effectively stop intra-EU ECT ICSID proceedings due to a lack of an effective arbitration agreement, recognition and enforcement of intra-EU IIA/ECT awards will increasingly be…
…arbitral tribunal clarified (para. 363) that: The ECT did not bar Spain from making appropriate changes to the regulatory regime . . .. Thus, the Tribunal does not accept Claimants’…
…states, the Energy Charter Treaty (ECT) as well as the EU’s new generation trade and investment treaties such as the EU-Canada Comprehensive Economic and Trade Agreement (CETA). In addition, the…
…and modernization of a refinery in Colombia. Reficar selected CB&I as the contractor responsible for the engineering, procurement and construction (“EPC”) of the refinery. The project was originally conceived as…
…litigations (Justizstandort-Stärkungsgesetz) and the BMJ’s white paper on the modernization of German arbitration law, as well as two recent decisions by German courts that might bring arbitration closer to litigation….
…and reform proposals in other countries (see e.g., the White Paper on the Modernization of German Arbitration Law) concerning an explicit provision that allows virtual and hybrid hearings. It therefore…
…It arises out of the Luxembourgish and Dutch claimants’ successful ICSID arbitration against Spain under the Energy Charter Treaty (“ECT”), in which the tribunal held that Spain had violated the…
…more than 6 months after the Commission-sponsored ECT modernization package failed to be adopted and perhaps undermines any hope that a modernized ECT will be agreed any time soon. However,…
The German Federal Ministry of Justice published a White Paper on the Modernization of German Arbitration Law (unofficially translated by the DIS) on 18 April 2023. Its primary goal is…
…administration, the US, Canada and Mexico embarked on a renegotiation and modernization process to develop what was then-dubbed “NAFTA 2.0.” In October 2018, negotiations concluded and a signing ceremony for…
Several EU member states have abandoned the modernization of the ECT and expressed their intention to withdraw from the ECT (see here). In February 2023, a Commission non-paper was leaked,…
…the European Parliament’s instruction to coordinate a withdrawal from the ECT. Mehranvar pointed out that the ECT modernization process was not transparent, with leaked documents and speculation being the main…
…the Energy Charter Treaty (ECT). On the contrary, Turkey took a very active role during the negotiations and more generally in the modernization process of the ECT. In your view,…
…He stressed that, however, according to the statistics published by the Secretariat of the ECT, the damages claimed concerning renewable energy far exceed those concerning fossil fuels under the ECT….
…Russia and dispose of their investments in Russia. In such scenarios, risk allocation and causation were critical issues. Treaty claims would include cases under the Energy Charter Treaty (ECT) and…
The modernization of the Energy Charter Treaty (ECT) has been debated among scholars, with some supporting it and others criticizing the process and outcome. The vote on the modernization was…
…remain bound by the ECT (with the exception of Italy, which withdrew from the ECT in 2016), such that the ECT and EU legal frameworks continue to apply in parallel…
…back to 2009 when Russia withdrew from the provisional application of the Treaty. As discontentment with the ECT grew in the 2010s, the parties to the ECT launched the modernisation…
…ICSID award compensating it for Spain’s breaches of the Energy Charter Treaty (“ECT”) and requested its confirmation before the United States District Court for the District of Columbia. While the…
…narrative against the ECT lacks a rudimentary fact check.” The idea that the ECT is a hinderance on climate transition because it protects fossil fuel investment and prohibits States from…
…the European context due to some EU Member States terminating their BITs and the many questions marks surrounding the Energy Charter Treaty (“ECT”), following the recent withdrawals of several Contracting…
