…the CJEU’s take on the boundaries of the term ‘investment’ under the ECT. Indeed, the scope of the term ‘investment’ under Article 1(6) of the ECT has been the core…
…has advocated for the reinforcement of investment protections in the ECT through the ongoing ECT modernization reform process as well. It has, for example, proposed the inclusion of “pre-establishment” protections…
…an investment arbitration against Germany under the Energy Charter Treaty (“ECT”) (the “ECT Arbitration”). The Constitutional Litigation in Germany In February 2012, Vattenfall Europe Nuclear Energy GmbH and Kernkraftwerk…
…e.g., NAFTA, USMCA, ECT, CAFCA, and bilateral investment treaties. Comparative law brings clearly the need to understand that at all levels of legal direction, there are different national ways of…
…protections role and standing in the world of investment arbitration (see discussion on the scope of a FET standard in the context of ECT modernisation process). Moreover, the narrowing or…
…energy sector. The dramatic increase in ISDS claims initiated by renewable energy investors under the ECT over recent years is illustrated below. Source: Statistics of ECT Cases (as of 1/6/2020),…
…the example of the Spanish ECT saga) helped in the numerical growth of environmental issues in investment arbitration. In a third stage, environmental provisions have permeated investment treaties, in the…
…it is controlled by an investor from another party to the treaty. Thus, Article 26 of the Energy Charter Treaty (“ECT”) gives standing to claim against a “Contracting State” to…
…and through their manifestation at the regional and bilateral level, as was evident from our coverage of the new dispute settlement paradigms established by the USMCA and ECT modernization process….
…remained intact. Finally, it also remains to be seen whether the UK will attract more interest when it comes to enforcement of intra-EU BIT/ECT awards now that it left the…
…Micula cases; the Treaty for the termination of the intra-EU BITs entered into force on 29 August 2020; the ongoing modernisation of the Energy Charter Treaty (ECT), including the latest…
…followed a pro-investor approach by holding that, inter alia, although the Russian Federation had signed the Energy Charter Treaty (ECT) but had not ratified it, under the Limitation Clause of…
…New York Convention on the Recognition and enforcement of Foreign Arbitral Awards (1958). Modernization of arbitration and virtual hearings The Court held that arbitration has gradually shifted away from…
Since Achmea there has been much debate on whether its reasoning invalidates ECT intra-EU investor state clauses as a matter of EU and international law. The recent AG’s Opinion in…
…intra-EU disputes under the ECT? With respect to the ECT as currently in force, the European Commission takes the position that the CJEU’s Achmea judgment also applies to the arbitration…
…disagree on the impact of the Achmea decision on the Energy Charter Treaty (ECT). Hope was placed on resolving the disagreement in Novenergia v. Spain, but the Svea Court of…
…The lack of uniformity weakens its undergirding rationale to align EU BIT practice with the Achmea ruling. The Agreement does not apply to the Energy Charter Treaty (“ECT”) (the most…
…in favour of, among others, mediation). Further, in 2016, the Energy Charter Conference adopted a Guide on Investment Mediation to facilitate the ECT parties in deciding whether to opt for…
…ICSID arbitration UP and C.D. Holding Internationale v Hungary or the ECT arbitration in Vattenfall v Germany (see e.g. here). More recently in June 2020, the ICSID tribunal in Addiko…
…led to the seizure and nationalization of the investments in July 2010. The investors subsequently brought a Stockholm Chamber of Commerce arbitration under the Energy Charter Treaty (ECT), alleging inter…
Mexico and the EU recently released a draft text of the upcoming EU-Mexico Free Trade Agreement (the “Agreement in Principle”), including its proposed investor-State dispute chapter. As explained in the…
…is what – if any – progress has been made in the context of the EU’s negotiations with the other ECT contracting parties as part of the ECT modernization process….
…signatories have declared that they want to make the ECT greener. Recently, the Energy Charter Secretary Urban Rusnák has stated that the ECT can play a key role in the…
…ECT compensation standard for treaty breaches to ensure consistency and predictability in future ECT cases. Article 13 of the ECT: A Limited Scope of Application Like other analogous treaty-based…
