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You are here: Home / Archives for Energy Charter Treaty

Denial of Benefits in Investment Arbitration

26/06/2022 by International Arbitration

Denial-of-Benefits-in-Investment-Arbitration

Many of the Multilateral and Bilateral Investment Treaties (BITs) concluded in recent decades contain a provision often referred to as a denial of benefits clause. Examples include the Netherlands Model BIT[1], the Comprehensive Economic and Trade Agreement between Canada and Europe (CETA)[2] and most notably the Energy Charter Treaty (ECT).[3] The aim of denial of […]

Filed Under: Energy Charter Treaty, Investor State Dispute Settlement

Intra-EU Arbitration under the ECT Found Incompatible with EU Law

18/09/2021 by International Arbitration

intra-eu ECT contrary EU law

On 2 September 2021, in Republic of Moldova v. Komstroy, the Court of Justice of the European Union (the “CJEU”) ruled that Energy Charter Treaty (“ECT”) based intra-EU arbitrations were contrary to EU law.[1] Background of the Case Energoalians, a Ukrainian producer initiated, an ad hoc arbitration procedure provided for in Article 26(4)(b) of the […]

Filed Under: Ad Hoc Arbitration, Energy Charter Treaty

Resolving Energy Disputes Through Arbitration

04/09/2021 by International Arbitration

Energy disputes ICSID arbitration

Energy projects are usually long, complex and require a substantial level of capital. Additionally, the sector has significant exposure to geological events, political changes and environmental regulations. For these reasons, disputes are common in the energy sector, and arbitration has become the preferred method of resolving these disputes, particularly at the international level.[1] As noted […]

Filed Under: Energy Charter Treaty, ICC Arbitration, ICSID Arbitration, Investor State Dispute Settlement

Energy Charter Treaty: Current Status between EU States

25/06/2020 by International Arbitration

Energy Charter Treaty

The Energy Charter Treaty (“ECT”), available here, is a multilateral agreement. It was signed in December 1994 and entered into force on 16 April 1998. It created a multilateral framework for energy long-term cooperation between its members. The Energy Charter Treaty was preceded by the European Energy Charter adopted in December 1991, under which signatories […]

Filed Under: Energy Charter Treaty, Investor State Dispute Settlement

Renewable Energy Investment Arbitrations

25/03/2018 by International Arbitration

Energy Investment Arbitrations

Many renewable energy investment arbitration disputes have been initiated over recent years, including the cases Charanne and Construction Investments v. Spain, SCC Case No. V 062/2012, Eiser Infrastructure Limited and Energía Solar Luxembourg S.à r.l. v. Kingdom of Spain, ICSID Case No. ARB/13/36, Mesa Power Group, LLC v. Government of Canada, UNCITRAL, PCA Case No. 2012-17 and others. While […]

Filed Under: Energy Charter Treaty, Investor State Dispute Settlement

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