…investors under the Energy Charter Treaty (ECT) because of the intra-EU character of the dispute, following the approach developed by the Court of Justice of the EU (CJEU) in its…
…impacts in future ECT cases. Prior to the modernization of the ECT, commentators and tribunals noted that the language of Article 10(1) of the ECT was unclear, producing debates as…
…Energy Charter Treaty (ECT) has attempted to address this costly dilemma. Two key elements stand out: One, a “flexibility mechanism” whereby Contracting Parties – based on an ECT Conference’s decision…
…(ECT, Treaty). (paras.153-155). The Tribunal engaged with similar cases, namely Isolux, Eiser and Charanne, and sided with Spain, concluding that Article 10(1) of the ECT does not grant investors, ipso…
…(“ECT”) was inadmissible as it concerns an intra-EU dispute (KG Berlin, Decision 12 SchH 6/21 of 28 April 2022). Germany has appealed the decision to the Bundesgerichtshof (BGH I ZB…
…was negotiated during the window of economic liberalism before President Putin came to power in 2000. Similarly, Yukos v. Russia (US$ 50 bn) was arbitrated under ECT, and the Crimea…
…the EU itself is party to the ECT and non-EU members are also parties to the ECT. The EU proposal for modernizing the ECT, which was published in May 2020,…
…% of ISDS filed under the ECT have been to protect investments in renewables. UNCTAD Dispute Navigator shows that foreign investors have initiated at minimum 35 arbitrations in , Italy…
…contribute to effective safeguarding of the rights and interests of parties to arbitration in the Pearl River Delta. On the other hand, these arbitration modernization steps are attempts to compete…
…ECT, the striking finding was that no arbitral award had included climate change law and objectives (Paris Agreement, Tokyo Protocol) in its legal reasoning. However, she noted that those tackling…
…as summarized below. Status of the ECT Modernization Negotiations The ECT is the most frequently invoked investment agreement. Currently the ECT Secretariat is aware of 145 ECT-based cases, concluded…
…Republic of Kazakhstan, as rendered in Stati, Ascom and others v. Kazakhstan. Kazakhstan was found liable for breaches of the fair and equitable treatment standard under the ECT. The tribunal…
…being set aside. Considering the ongoing modernization process of the ECT, the Komstroy ruling only added uncertainty about the ECT, its membership and the future role of the EU and…
…2 in German court proceedings relating to two ECT-based intra-EU arbitrations brought against them (see here). While these proceedings are conducted based on the (de-localized) regime of the ICSID Convention…
…the reform process does not entirely address all concerns and critiques of ISDS, the modernization process does result from an attempt to harmonize different and – sometimes – opposed views….
…as well, in view of the Court of Justice’s conclusion on its relevance. The upcoming assessment of the General Court will be key for other intra-EU BIT/ECT arbitration proceedings. Since…
…ECT”. Another commentator looked at the negotiating history of the ECT underlining the lack of a disconnection clause in the ECT despite the EU’s original demand for one. The Court…
…intra-EU ECT dispute, and therefore it cannot be equalized with Achmea, despite the fact that this is what the CJEU did. Instead, Komstroy was an extra-EU ECT dispute, and the…
…example, that in the event of an inconsistency between the ECT and EU law, the ECT will prevail (based on Article 16 ECT). It remains to be seen how tribunals…
…intra-EU disputes from an EU law perspective. The author examines how various judgments of the CJEU have had a ¨spill- over effect” on the ECT and all disputes connected to…
…ECT modernization process, followed by an update post in 2021. The modernization process will address both substantive and procedural aspects of ITA under the ECT. As discussed by Dr. Esmé…
…into a loan agreement with the Inter-American Development Bank for US$ 43 million, within the framework of the modernization of Ecuador’s financial administration. The third component of this modernization process…
…treaties; (iii) intra-EU application of the ECT, irrespective of a future disconnection clause in the ECT. Some of these points will probably be addressed by the CJEU in the opinion…
…may be best encompassed in the Reasonable Rate of Return (RRR) metric, most notably argued in the Spanish Energy Charter Treaty (ECT) cases. Mr. Flores further noted that the RRR…
