From the Editors of Kluwer Arbitration Blog: 2020
…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…
Search Results for: ect modernization
2020 In Review, Europe, ICC Rules, Investment Arbitration, LCIA Rules, Legislation, Ordre Public, Right to be heard, Yukos
2020 in Review: Despite a Global Pandemic, Europe Saw Some Action-Packed Arbitration Developments
…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…
The Egyptian Court of Cassation Sets Standards and Affirms Arbitration-Friendly Principles and Trends in a Ground-Breaking Judgment
…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…
Does the Advocate General’s Opinion Provide Clarity on the Validity of Intra-EU ECT Investor-State Arbitral Awards?
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…
Belgium Seeks CJEU’s Opinion on the Future Interaction between a Modernised ECT and EU law
…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…
New York Arbitration Week Revisited: Perspectives from the Annual Fordham International Arbitration and Mediation Conference
…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…
Arbitration, Arbitration Institutions and Rules, Arbitration Proceedings, BIT, Enforcement, International arbitration, Investment Arbitration
Agreement on the Termination of Intra-EU BITs: Sunset in Stone?
…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…
International arbitration, International Investment Arbitration, International Mediation, investor-State arbitration and mediation
Investor-State Arbitration Meets Mediation: The View from UNCITRAL
…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…
Taming Achmea: The Addiko Tribunal Pulls the Handbrake
…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…
Cloaked by the Sovereign Veil: Recent Swedish Decision Applies Sovereign Immunity “Categorically”
…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 EU propose a Permanent Arbitration Court and an Appellate Mechanism: Modernization or Destruction of ISDS?
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…
Arbitration, ECT Modernisation, Energy Charter Treaty, EU Law, European Union, Investment Arbitration, Reform
ECT Modernisation Perspectives: The Energy Charter Treaty and EU Law – A Cherry-Picking Relationship?
…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….
ECT Modernisation Perspectives: “Can the EU Make the ECT the Greenest Investment Treaty of them All?”
…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 Modernisation Perspectives: Quantum Indetermination in the Current ECT Framework – A Need to Revamp Damages Provisions in the Pursuit of Full Reparation
…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…
ECT Modernisation, Energy Charter Treaty, Fair and Equitable Treatment, International arbitration, Investment Arbitration
ECT Modernisation Perspectives: Reforming the Fair and Equitable Treatment Protection
…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…
ECT Modernisation Perspectives: ECT Modernisation and the Denial of Benefits Clause: Where the Practice Meets the Law
…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…
ECT Modernisation Perspectives: Modernisation of the Energy Charter: The Long Story Told Short
…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,…
Arbitration, Arbitration Institutions and Rules, ECT Modernisation, International arbitration, Investment Arbitration, ISDS, ISDS Reform, Reform
ECT Modernisation Perspectives: An Introduction
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…
Investment agreements, Investment Treaties, Reform, State-State Dispute Settlement, State-to-state arbitration, Trade and investment agreements, Trans-Pacific Partnership, USMCA
The USMCA/CUSMA/T-MEC’s Entry into Force: Evolution, Innovation, and Reform
…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,…
Canada, International agreement, International arbitration, Investment agreements, Investment Arbitration, Investment protection, Investment Treaties, Mexico, NAFTA, United States, USMCA
The USMCA/CUSMA/T-MEC’s Entry into Force: Introducing a New Era in Regional ISDS with NAFTA 2.0
…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,…
Enforceability of Intra-EU Awards at the U.S. District Court for the District of Columbia: The Spanish Cases
…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…
Achmea, Energy Charter Treaty, Enforceability, Enforcement, ICSID, Intra-EU BITs, Intra-EU Investment Arbitration, USA
Enforcing Intra-EU Dispute Awards in the United States after Achmea
…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…
International Law, Intra-EU BITs, Intra-EU Investment Arbitration, Intra-EU ISDS, Investment Arbitration, Sunset clauses
Termination of Intra-EU BITs: Commission and Most Member States Testing the Principle of Good Faith under International Law
…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…
CJEU to Seal the Fate of US$50 Million ECT Award Against Moldova?
…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…