The Problem of Assistance in Investment Arbitration?
…arbitrator failed to fulfill its mandate. Though the District Court did not address the issue as it set aside the awards on the grounds that the ECT had not been…
Search Results for: ect modernization
The Contents of the ASA Bulletin, Volume 37, Issue 1 (March 2019)
…contained in the Energy Charter Treaty (ECT) or whether – given the EU’s membership of the ECT – it remains unaffected by the CJEU’s findings for now. Michel NARDIN, Is…
A New Approach to Intra-EU ISDS
…different obligations applicable to other disputes would damage the coherence in the ECT; there is no EU Law primacy over the ECT and the conflict of laws should be solved…
Oil & Gas: Is Italy Doing It Wrong All Over Again?
…pattern. Despite Italy’s denunciation of the ECT in January 2015, which became effective one year afterwards, Article 47(3) ECT, the ECT sunset clause, will protect for 20 more years investments…
Achmea, CJEU, European Law, International Investment Arbitration, International Law, Intra-EU BITs, Investment, Investment agreements, Investment Arbitration, Investment law, Investment protection, Investment Treaties, ISDS
Topical Issues in ISDS: Review of Recent Developments in the European Union
…systems. 2. The Achmea Judgement and its Consequences for Intra-EU Bilateral Investment Treaties, Energy Charter Treaty (ECT) and ICSID Arbitrations Paschalis Paschalidis indicated that on 28 January 2019 in…
The (Final?) Death of Intra-EU Investor-State Arbitration
…classes of dispute, but the ECT contains no such wording. Indeed, the EU had proposed such a clause be included in the ECT, but dropped this before the ECT was…
2018 In Review, Achmea, Europe, European Commission, International Investment Arbitration, Intra-EU BITs, Investment, Investment Arbitration, Investment protection, ISDS Reform
2018 In Review: The Achmea Decision and Its Reverberations in the World of Arbitration
…is merely silent on the relevance of ECT. It can be inferred that the tribunal deemed Achmea not applicable to multilateral agreements like ECT. Another tribunal, in UP and C.D…
Hungary Gives the Green Light for the Conclusion of a Termination Agreement for Intra-EU BITs
…signatory to the New York Convention and the ICSID Convention, later also joining the Energy Charter Treaty (“ECT”). Upon Hungary’s accession to the EU in 2004 and the EU’s subsequent…
Achmea, CETA, Intra-EU BITs, Investment agreements, Investment Arbitration, Investment law, Investment protection, Investment Treaties, ISDS, ISDS Reform
2019: the Year of the Big Harvest!
…ECT. Indeed, this “modernization” process encompasses a whole range of ECT provisions, protection standards and principles, which could be “CETAarized”. For example, by replacing the open FET provision with the…
Brexit, the Energy Charter Treaty and Achmea: An Unexpected Ray of Light?
…of the ECT for 20 years after that date. Moreover, even without Brexit, there is uncertainty regarding ECT claims in future. Consultation on the reform of the ECT is currently…
Achmea, Croatia, Energy Charter Treaty, Germany, Hungary, Investment Arbitration, Investment Treaties, Slovakia, Spain
Intra-EU ECT Claims Post-Achmea: Vattenfall Decision Paves the Way
…favourable to the Investor” in terms of Article 16 ECT. Article 16 ECT would thus require Article 26 ECT to prevail. Article 16 ECT is identified by the arbitrators as…
Arbitration Institutions and Rules, Consolidation, Emergency Arbitrator, Expedited arbitration, Expedited Proceedings
‘The Grandfathers I Never Had’: Should We Choose Arbitral Rules with Grandfathering Provisions?
…on this blog (JKX, AQZ, Noble Resources). JKX v Ukraine – In 1998, Ukraine ratified the Energy Charter Treaty (the “ECT“). The ECT provides for SCC arbitration. At that time,…
Interim Measures by Chilean Courts in Aid of Foreign Arbitration
Throughout the years, Chilean courts and legislation have fostered a pro-arbitration and a pro-enforcement environment, favoring arbitration and recognizing the benefits that are generally attached to it. In such regard,…
The Africanisation of Rule-Making in International Investment Arbitration
…Bilateral Level: Recent Steps Towards a Paradigm Shift Until recently, there has been no substantial effort towards modernization or innovation at the national level, where almost all of the current…
Another One BIT the Dust: Is the Netherlands’ Termination of Intra-EU Treaties the Latest Symptom of a Backlash Against Investor-State Arbitration?
…of Achmea to the Energy Charter Treaty (“ECT“). Signed in 1994, the ECT has generated more investor-state claims between the EU Member States than any other treaty. The Achmea judgment…
Will Mexico Lead The Next Wave of Investment Arbitration Claims?
…free trade agreements (“FTAs”), attention should be brought to the modernization of a particular international agreement: the EU-Mexico Global Agreement. The new agreement, currently in the works, will replace the…
ISDS: The Brexit Lawsuits the UK Should Be Worried About
…fair and equitable treatment as required to by its treaty obligations. The Energy Charter Treaty (ECT), under which these claims are brought, demands that states shall encourage investment, create “stable…
The Future of Investment Arbitration in Europe: AIA Conference, June 2018
…European Union, which raises fundamental questions regarding the implications for the United Kingdom’s bilateral investment treaties (“BITs”) and, particularly, the Energy Charter Treaty (“ECT”). These issues were explored on 1…
Achmea, Arbitration, Arbitration Institutions and Rules, Arbitration Proceedings, Arbitrators, BIT, CJEU, European Commission, European Law, European Union, International arbitration, Investment Arbitration
A Rollercoaster: The First Half of the Year 2018 for BITs and ISDS
…the case. Finally, the CJEU most certainly did not say anything regarding the ECT or intra-EU ECT ISDS disputes, which were definitely not the subject in the Achmea case. However,…
Damages, ICSID, ICSID Arbitration, ICSID Convention, Investment, Investment agreements, Investment Arbitration, Investment Treaties, Investor, Investor-State arbitration, ISDS
Ninth Investment Arbitration Forum: Valuation of Damages in Changing Economic and Political Circumstances
…Charter Treaty, for example pursuant to Art 24.3.a.II ECT (measures necessary in time of war or other emergency in international relations) and Art 24.3.c ECT (maintenance of public order). He…
Achmea, BIT, ECJ, Europe, European Law, European Union, Intra-EU BITs, Investment agreements, Investment Arbitration, Investment protection, Uncategorized
Brace for Impact? Examining the reach of Achmea v Slovakia
…Greece and Estonia. The same holds true for the Energy Charter Treaty (“ECT”), which provides in Article 26 (6) that an arbitral tribunal deciding a dispute between an investor and…
The Future of Arbitration: 5, 10, 25 Years and Beyond
…flexibility or confidentiality it provides, but simply the lack of an acceptable court alternative. Yet the commercial courts of many countries are already undergoing sweeping reforms and multi-year modernization efforts….
The Contents of Journal of International Arbitration, Volume 35, Issue 2, 2018
…solutions. The new legislation also included some controversial provisions which appear to be at odds with the modernization efforts. During the last year the federal Government promoted a legal reform…
What Next for Intra-EU Investment Arbitration? Thoughts on the Achmea Decision
…least the following two reasons: (a) there are non-EU Member State signatories to the ECT, and (b) both the European Union and Euratom are signatories to the ECT in their…