…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…
…over the renewable energy sector. Another illustration is France’s withdrawal from the ECT. While the official reason was that France wanted its sovereignty back to move towards energy autonomy, it…
…Westbroek, focused on the Energy Charter Treaty and its modernization process. Marnix Leijten explained that investors are currently not experiencing a stable, predictable and transparent investment environment, in particular in…
…as regards the level of greening of the revised Energy Charter Treaty (ECT), it should be noted that as in CETA and other recent investment agreements, the ECT now contains…
…modernization program to bring to bear upon the Agreement. Institution building During the pendency of the treaty reform initiative, the OIC established a new OIC Arbitration Centre in Istanbul,…
…by survey respondents; this is in contrast to the known Energy Charter Treaty (ECT) cases, the vast majority of which relates to renewable energy sources. The respondents consider the avoidance…
…Charter Treaty (“ECT“) expressing its view on a number of occasions that amendments to the current ECT provisions are not necessary (as reported in the Blog here). This position likely…
…a different approach as to arbitral awards rendered under the ECT. Against this background, it should also be presumed that the CJEU’s interpretation of the ECT conforms to the ECHR….
