...these contractual agreements. In the view of the Ukrainian company, the corresponding conduct of the Republic of Moldova infringed the ECT. For such investment disputes, Art. 26(3) ECT documents the...
...is another judgment on the same subject matter between the same parties. “[W]e didn’t go into this to get a Pyrrhic victory,” claims Tim Osborne, head of GML Ltd., former...
...(ECT), a legally binding, multilateral energy agreement with dispute resolution provisions.[2] Soon after Achmea, Spain used the judgment to push back against various ECT-induced investor suits, claiming that the judgment...
...mandatory dispute resolution mechanisms to address conflicts between ECT parties in these areas. As no reservations to the ECT are permissible, all ECT parties are required to accept binding third-party...
...mitigating risks associated with energy-related investment and trade.” In other words, the ECT encourages foreign direct investment in the energy sector by providing international law protections to such investments. To...
...introduced the Energy Charter Treaty (ECT) and the European Commission’s proposal for modernization. He explained that criticisms had been raised concerning legitimacy, consistency and transparency of the ECT as well...
...of Bilateral Investment Treaties between the Member States of the European Union, 2020 O.J. (L 169) 1. [2] The Treaty does not affect the intra-EU arbitrations governed by the ECT....
...Chandrashekar, The Indian Supreme Court’s Judgment in NAFED v. Alimenta S.A.: Retrogressive or Wholly Irrelevant? Implications for India’s Pro-Arbitration Project (Blog, July 21, 2020) Yilin Tim Chen, A Harmonizing Framework...
...and most BITs have a clause dealing with dispute settlement, which normally provides for arbitration. Furthermore, international treaties such as the Energy Charter Treaty (“ECT”) and the North American Free...
...in respect of non-ICSID arbitrations states that: “These arbitrations are subject to the usual ground rules of international commercial arbitration, i.e., subject to the arbitration law of the arbitral seat,...
Author: Zara Shafruddin* Published: September 2019 Jurisdictions: International Australia Topics: Categories of Disputes Investment Disputes States as Parties BITs Sovereign Immunity ICSID International Litigation ECT NAFTA Description: The benefits of...
Author: Gaëtan Verhoosel* Published: July 2020 Jurisdictions: Africa Europe International Topics: Investment Disputes BITs ICSID Enforcement of Arbitral Awards ECT Arbitral Process Description: It’s a good word, “uncanny,” and when...