…the Energy Charter Conference announced its list of approved topics for the modernization of the ECT. The list included several substantive investment protection provisions. This post focuses solely on the…
…should deny the benefits of the ECT. The brief analysis below reveals that the proposals for the amendment of Article 17 of the ECT are triggered by the evolving practice…
…the Treaty yet: Australia, Belarus (applied ECT provisionally), Iceland (ratified ECT in 2015), Norway and Russian Federation (withdrew from the provisional ECT application in 2009). of the Energy Charter Treaty,…
The Energy Charter Treaty (‘ECT’) opened for signature in 1994, entered into force in 1998, and now boasts some 50 member States. The ECT has since given rise to some…
…it heralded, needed modernization because global commerce has changed dramatically over the past quarter century. USMCA thus brings North American regional trade into the 21st century in a manner that,…
…benefits and drawbacks of their trade deal. Despite its successful run, most commentators in recent years have agreed that the time had come for NAFTA’s renegotiation and modernization. In 2016,…
…the first cases in which this “open question” is answered by the D.D.C. Further, such expected first ruling on the validity of intra-EU arbitral clauses under the ECT (and a…
…for in intra-EU BITs and intra-EU disputes under the Energy Charter Treaty (“ECT”) would be valid. Several arbitral tribunals and national courts have dealt with this issue and it has…
…a BIT. (The Termination Agreement does not apply to the ECT.) While the main difference between the political Declarations is on its face over the ECT, one can also detect…
…the host State can be regarded as an “investment”; Whether article 26(1) ECT shall be interpreted in a sense that the assignment of a non-ECT economic operator’s debt (Derimen’s) to…
…it is clear that intra-EU BIT and ECT ICSID arbitral awards will be enforced in the UK post Achmea. Since the UK joined the EU before it ratified the New…
…to advise on language of the ECT to ascertain jurisdiction of an arbitral tribunal As it will surely be the object of much further debate, we will only mention this…
…by the Law 2016-1547 on modernization of justice, by significantly widening the access to judicial decisions. However, in order to preserve confidentiality and to avoid the misuse of personal data,…
…ECT. This committee is only bound by applicable international law and may reach a different conclusion on the interaction of ICSID Convention, ECT, the Vienna Convention on the Law of…
…tribunal under the ECT. The Russian Federation had signed the ECT but had not ratified it. Conclusions of the Court of Appeal The Court of Appeal concluded that there…
…i.e. after its accession to the EU. However, ICSID awards may be rendered under Article 26 ECT, similarly to what is provided for by the dispute resolution mechanism of the…
ISDS is a fragmented field, consisting of a few thousand bilateral investment treaties (“BITs”) and treaties with investment chapters – such as the Energy Charter Treaty (“ECT”) or the North…
Introduction In 2019, we witnessed a number of interesting developments in the field of investment arbitration in Latin America. While some of them were in line with expectations, some jurisdictions…
…of 20 July 2017 [Russia v. Yukos Capital: Request to set aside treaty award (ECT) – Jurisdiction of the arbitral tribunal – Request premature] 4A_34/2015 (141 III 495) of 6…
…ECT as it does not operate under EU law but under international law and the ECT. The case is one more example that the Achmea case will continue to reverberate…
…on intra-EU investor-state arbitration under the Energy Charter Treaty (ECT) remains disputed. Twenty-two Member States declared that intra-EU arbitration under the ECT was equally incompatible with primary EU law and…
…Looking at the ECT statistics, we note that there has been a noticeably increasing number of ECT arbitrations since 2013. How could you explain this and do you foresee any…
…kick-off of its modernization process. In commercial arbitration, notable developments took place around the world, with the enactment of new arbitration laws and interesting court-related cases currently pending, such as…
…thus far confronted jurisdictional objections on this basis were constituted under the Energy Charter Treaty (“ECT”), not intra-EU BITs. He then observed that all tribunals that have issued public awards…
