LIDW 2024: ISDS Perspectives From the EU and the UK
…of the ECT is based on the change of the global climate situation compared to when the ECT was agreed upon, the most recent cases under the ECT concerned renewable…
…of the ECT is based on the change of the global climate situation compared to when the ECT was agreed upon, the most recent cases under the ECT concerned renewable…
…of the primary points of discussion was the ECT, the reasons behind the recent numerous state withdrawals from the ECT, and the potential effects on investors. One of the motivating…
…to demonstrate the ways that the latest innovations would support modernization of Pakistan’s arbitration regime. A Comparative Analysis Arbitral Authority and Efficiency The Existing Act limits an arbitral tribunal’s…
…tribunal found no breach of Art. 10(1) of the ECT. In the last decade, Art. 10(1) of the ECT attracted significant attention, especially in the context of the so-called “renewable…
…effective means and the FET standards under the ECT by failing to implement several court decisions issued in claimant’s favour (paras 810-817, 837-842). The arbitral proceedings concluded in just over…
…clean energy and the need to attract investments in the renewables sector; sunset clauses in the ECT (Article 47(3) of the ECT) and BITs; and the increased membership of the…
…argued that: its consent to arbitration under the ECT did not extend to intra-EU disputes; and Article 26 ECT was incompatible with EU law, which prevails over the ECT. …
On 24 April 2024, the European Parliament voted for the EU to withdraw from the Energy Charter Treaty (“ECT”). Three days earlier, Ecuador had voted to keep the country’s constitutional…
…the aftermath of the economic downturn, eventually triggering investors to initiate arbitrations alleging breach of the Energy Charter Treaty (“ECT”). Although many investors received awards, the Supreme Court of Spain…
…adopted modernized rules for arbitration and mediation and continues to record large numbers of new cases. The Energy Charter Treaty (ECT) completed the drafting a modernized treaty to deal with…
…to adjudicate those claims. This precise challenge was presented in AMTO v. Ukraine (SCC Case No. 080/2005), a case arising under the Energy Charter Treaty (“ECT”) and under the SCC…
…Antin case. According to these courts, Spain waived its immunity by joining the ECT. In contrast, Swiss courts adopted a different approach and rejected the enforcement of the OperaFund award….
…the Energy Charter Treaty 1994 (“ECT”) and commenced an ICSID arbitration pursuant to Article 26 of the ECT. Spain unsuccessfully challenged the jurisdiction of the tribunal, which issued an award…
…ratified 44 bilateral investment treaties (“BITs”) and signed the European Economic Community-Mongolia Trade Cooperation Agreement and Energy Charter Treaty (“ECT”). The majority of these treaties were signed before 2000, reflecting…
…reasonable conduct and expectations of States and investors. Saving the Modernized ECT? The second round of the panel discussion focused on the ECT, and the current chaos created by…
…implemented to its regulatory framework were made for the purpose of tax regulation, and thus outside the scope of the relevant treaty (the Energy Charter Treaty (“ECT”)) – an argument…
…BITs and supports the Energy Charter Treaty (“ECT”). Rižnik also referred to Bosnia’s modern model BIT, particularly in terms of environmental considerations, and Slovenia’s exit from the ECT in light…
…1/17. Lastly, Prof. Bermann commented on Spain’s recent attempts to resist the enforcement of three ECT awards before a US court (covered on the Blog here). He thought it arrogant…
The Regional Arbitral Institutes Forum (RAIF) held the 2023 edition of its annual conference on 10 November 2023 in Bangkok, Thailand. RAIF consists of nine professional arbitration institutes across the…
…declined Germany’s request to declare an intra-EU claim against Germany as inadmissible (KG Berlin, Decision 12 SchH 6/21, concerning an intra-EU ECT ICSID case, Mainstream Renewable Power et al). This…
…will examine whether the Energy Charter Treaty (“ECT”) impedes states from achieving goals outlined in the Paris Agreement on climate change. As demonstrated in this post, these critiques are misguided….
…haven for investors. A more recent milestone in the KSA’s legal modernization journey is the enactment of the new Saudi Civil Code. The new Civil Code has incorporated long-standing principles…
…ECT, it never agreed to arbitrate “intra-EU” disputes because the CJEU retroactively determined those disputes must be resolved in European courts. That position belies the text of ECT, which has…
…of power back to the people while still protecting investors.” The ECT Modernization: Withdrawals and Uncertainties Regarding the modernization of the ECT, as extensively covered by the Kluwer Arbitration…