…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…
…entirely ironed out by the ECT. The ECT does make provision for variations among the substantive obligations of the Contracting Parties. For example, ECT Article 10, paragraph 1 identifies the…
…process of the ECT. As is well known, Spain and many other EU Member States are facing dozens of intra-EU ECT claims. Their efforts to convince ECT arbitral tribunals to…
…Similar wording is included in Article 10 of the Energy Charter Treaty (“ECT”). Another example can be found in Article 1. 2 of the Arab Republic of Egypt and the…
…to the ECT as it does not operate under EU law but under international law and the ECT. Reforming the ECT The decision in the LBBW case was made…
…sunset clauses, and 22 of the member states accepted the view that the Achmea decision also extended to the ISDS provisions contained in the ECT. Potential Termination Mechanisms for…
…nothing” approach that had been followed by tribunals in other ECT-based claims against Spain. The RREEF tribunal held that because Spain had the right to endorse “reasonable” changes to its…
…been published: TSIKInvest v. Moldova (Russia-Moldova BIT), Evrobalt v. Moldova (Russia-Moldova BIT), Kompozit LLC v. Moldova (Russia-Moldova BIT) and Munshi v. Mongolia (Energy Charter Treaty (“ECT”)). At least four EA…
