…relationship. Accordingly, it concluded that neither the ICSID arbitration proceedings commenced by Uniper and RWE based on Art. 26 ECT nor any other arbitration proceedings between the parties were admissible….
…Holdings Limited (Ostchem), a company associated with Ukrainian oligarch, Mr Dmytro Firtash, brought arbitral proceedings against Ukraine under the Energy Charter Treaty (ECT). The proceedings are fuelled by the Supreme…
…we covered concerned Opinion 1/20. Here, the Court was asked to opine on the compatibility of intra-EU investor-state arbitration under a modernised text of the Energy Charter Treaty (ECT) with…
…ECT Modernization and the Energy Transition in the Western Balkans: What Lies Ahead? sought to put into perspective the implications of the energy transition process on the ECT backlash and…
…member states have declared that they would denounce the ECT rather than endorse a modernized version of the treaty (previously discussed on the Blog), France did so in late October…
…the basis of BITs and the multilateral Energy Charter Treaty (ECT). Yet, pushback against the very existence of ISDS is strong, not least because the risk of liability under investment…
…bound to enforce an ECT arbitral award—subject to the ECT and other EU law but without constitutional impediment. But a reformed ECT can expect a court challenge to Irish ratification….
…2023. The Blog covered the ECT Modernization process since its inception, and in 2022 we covered various different perspectives on ECT modernization, with some commentators supporting the modernized treaty (see,…
…Safeguard Space for Climate Change Policies Developments in the modernization process of the Energy Charter Treaty (ECT) – discussed here and here – also demonstrate that climate change is now…
…where the CJEU discussed the (in)compatibility of the ECT international dispute resolution mechanism (Art. 26 of the ECT) with EU law. The seemingly last avenue was blocked by the CJEU…
…2022. We discuss these major developments below. Modernization and Cooperation On July 1, 2022, ICSID issued its 2022 Arbitration Rules with important changes that included an expedited proceeding to…
…means to express consent, in practice, has been through BITs, or multilateral treaties such as the Energy Charter Treaty (ECT). Unlike national legislations where an offer to arbitration is given…
…Charter Treaty (ECT). Croatia responded in 2014 by initiating arbitration proceedings based on the Shareholder Agreement under the UNCITRAL Rules, arguing that, on account of the alleged corruption on the…
…it offers default guidance on how treaties enter into force, how States leave treaties (a topic that is quite relevant in light of current ECT terminations), and how to interpret…
…judgments. In this context, the news that the much needed modernization of the Energy Charter Treaty (ECT) will be postponed, did not came as a surprise. While the ECT Modernization…
…in FY2020 (16%). In this regard, commentators have remarked that this increase will continue in light of news regarding the ECT modernisation process (see analysis here and here). While the…
…narrative that the ECT mainly protects unclean energy producers, the Study also shows that only a handful of ECT disputes relate to fossil fuel or nuclear energy, which, moreover, are…
…law. ECT Modernization Process While the ECT modernization process discussions started in 2017, the first negotiation only started until 2020. The ECT Reform negotiations ended in June 2022. Mr….
…Linhart (Siemens Energy). I. The Modernization Process: Challenges and Achievements The discussions highlighted the challenges and achievements associated with the ECT modernization process. Speakers emphasized the necessity of reforming…
…Member States. The Greening of the ECT Some of the most significant changes to the ECT seek to address the ECT Contracting Parties’ desire to promote sustainable development and…
…States and the EU would still remain party to the ECT. Applicable Legal Framework for Withdrawing from the ECT A withdrawal from the ECT is not going to happen…
…would be competent. Article 26(5)(b) of the ECT (and its reference to Article I of the 1958 New York Convention) was considered as clarifying that an ECT-arbitration constitutes a commercial…
Seeing the Agreement in Principle on Energy Charter Treaty (ECT) “modernization” and its leaked full text, the “modernization” misnomer can safely be abandoned. The renegotiated ECT does not rise to…
…investments under the ECT does not equal continued support for those investments. Investment protection under the ECT is not absolute. It guarantees fair and equitable treatment (FET) to investors and…
