Investment Arbitration Under the Energy Charter Treaty, Practical Law UK Practice Note
Investment arbitration under the Energy Charter Treaty, Practical Law UK Practice Note... Investment arbitration under the Energy Charter Treaty by Alejandro López Ortiz, Michael P. Lennon, Jr. and William Ahern, Mayer Brown, LLP*, with Practical Law Arbitration Practice note: overview | Maintained | Austria, Belgium, Czech Republic, European Union, France, Germany, Hungary, Italy, Japan, Poland, Portugal, Russian Federation, Spain, Switzerland, The Netherlands, UK, Ukraine, United Kingdom Scope of this note Investment protection under the ECT Definition of investment Definition of investor Investment promotion and protection Promotion, protection and treatment of investments National treatment and Most Favoured Nation treatment Effective means Expropriation Transfers related to investments Denial of benefits clause Tax carve-out Dispute resolution Choice of arbitral institution Jurisdiction and admissibility considerations Fork in the road clause Applicable law Objections based on conflicts with EU law Final provisions Entry into force Provisional application Withdrawal © 2019 Thomson Reuters. All rights reserved. 1 Investment arbitration under the Energy Charter Treaty, Practical Law UK Practice Note... This Practice note explains the legal requirements of the Energy Charter Treaty (ECT). It analyses issues and concepts that commonly arise in arbitration under the treaty. Scope of this note The Energy Charter Treaty (ECT) creates a legal framework for energy trade, transit and investment among member states. The ECT, a multilateral investment treaty, aims to unite its signatories behind the common goals of setting up open energy markets, securing and diversifying energy supply and stimulating cross-border investment and trade in the energy sector. The ECT has been signed or acceded to by 52 countries and the EU and Euratom, with all but three (Australia, Norway and Russia) having also ratified it and one, Belarus, which applies it provisionally.
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