…Achmea (with respect to intra-EU BITs; see Blog’s coverage here) and Komstroy (Case C-741/19, as regards intra-EU disputes under the ECT; see this previous post) to ad hoc arbitration agreements…
…the interpretation of the notion of ‘investment’ under the ECT, but also on the validity of intra-EU ECT arbitration. Solution and reasoning The CJEU’s jurisdiction was debatable (and disputed…
…claims of RWE and Uniper. Before the ICSID arbitrations commenced, the minister updated parliament in relation to the modernization discussions relating to the Energy Charter Treaty and the importance of…
…compensation if they lose an ECT case.” The ECT modernisation process has continued to bring these issues into sharp focus. One key issue has been the connection between the environmental…
…to terminate all intra-EU BITs and supporting the European Commission’s (“Commission”) stance that Achmea applies equally to the ECT. The CJEU and Intra-EU ECT Disputes The latter might soon…
…positive impact of the UK’s status as a ‘third-country’ (in EU parlance) when it comes to ECT disputes. Achmea left open the question of the compatibility between intra-EU ECT ISDS…
…the ECT’s carve-out for taxation measures (Art. 21(1) ECT) and the claw-back for taxation measures constituting expropriation (Art. 21(5) ECT). Russia complained that the tribunal had failed to make a…
…indeed exists. Nevertheless, the AG’s reasoning is flawed. It suggests that any ruling on the notion of investment under Art. 26 (1) ECT would be moot if intra-EU ECT arbitration…
…Charter Treaty (ECT). Indeed, while it has not been affected by Achmea judgment, modernisation process has started. Further, one must also keep an eye on Court of Justice of the…
…Energy Charter Treaty (ECT). As of late 2020, the ECT has been invoked in 43 extra-EU investment disputes but also in 83 often high-value intra-EU investment disputes. The ECT is…
…productive investment that leverages better quality jobs. Within this framework, the Superior Council of Foreign Trade has instructed the Government to engage in the modernization of IIAs by making sure…
…meaning of the ECT are fulfilled could also be relevant in the context of intra-EU ECT disputes. Therefore, the creation of a uniform interpretation of the ECT – that is…
…encapsulates key takeaways from the webinar. An Overview of ECT Dispute Settlement: The Energy Charter Treaty (“ECT”) entered into force 22 years ago, and there is now a considerable body…
…all of its MS being parties to the ECT, the European Commission (EC) was mandated to represent the MS in the ECT modernization negotiations. Under the final EU proposal submitted…
…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…
