Investment Arbitration Under The Energy Charter Treaty
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Energy Dispute Resolution Investment Protection Transit And The Energy Charter Treaty
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Author : Graham Coop
language : en
Publisher: Juris Publishing, Inc.
Release Date : 2011-06-01
Energy Dispute Resolution Investment Protection Transit And The Energy Charter Treaty written by Graham Coop and has been published by Juris Publishing, Inc. this book supported file pdf, txt, epub, kindle and other format this book has been release on 2011-06-01 with Law categories.
Energy Dispute Resolution: Investment Protection, Transit and the Energy Charter Treaty is a compilation of written contributions prepared in the context of a conference organized by the Energy Charter Secretariat, in cooperation with five other well-known legal institutions (the Arbitration Institute of the Stockholm Chamber of Commerce, the British Institute of International and Comparative Law, the International Centre for Settlement of Investment Disputes, the International Chamber of Commerce and the Permanent Court of Arbitration). This highly successful conference took place in Brussels in October 2009. Energy Dispute Resolution: Investment Protection, Transit and the Energy Charter Treaty focuses on investment arbitration under the Energy Charter Treaty (or ECT) and on transit dispute resolution under the ECT. Part I consists of a review of awards, decisions and other developments in ECT investment arbitrations, of which nearly 30 were in the public domain as of 1 January 2011. Part II deals with the relationship between bilateral investment treaties, the ECT as a multilateral investment treaty, and European Union (EU) law, and addresses the question of whether conflict between these legal systems is inevitable. In Part III, the book reviews the highly developed provisional application mechanism of the ECT, particularly in relation to Russia, which signed the ECT in 1994 but has never ratified it. Part IV deals with the energy transit provisions of the ECT and the Treaty’s potential application with respect to East-West energy transit and supply disputes. The book also contains an Editor’s Preface, introductory and closing remarks, a table of contents, a detailed index, and an Appendix in the form of a CD-ROM containing the rules of arbitration of the three international arbitration mechanisms provided by the ECT (ICSID, SCC and ad hoc UNCITRAL arbitration). The book is of international application, particularly within the 51-country Energy Charter constituency (Western, Central and Eastern Europe, the former Soviet Union, Japan, Turkey, Mongolia and Australia), but is relevant to energy and international arbitration lawyers worldwide.
Eu Law And International Investment Arbitration
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Author : Michael De Boeck
language : en
Publisher: BRILL
Release Date : 2022-07-04
Eu Law And International Investment Arbitration written by Michael De Boeck and has been published by BRILL this book supported file pdf, txt, epub, kindle and other format this book has been release on 2022-07-04 with Law categories.
EU Law and International Investment Arbitration thoroughly examines the compatibility of ISDS provisions in extra-EU BITs and the Energy Charter Treaty with the autonomy of EU law, and is a must read for all magistrates and investment practitioners involved in investment arbitrations in or with the EU, as well as for academics interested in the participation of the EU to international dispute resolution or the constitutional construction of the EU judicial system.
The State S Power To Tax In The Investment Arbitration Of Energy Disputes
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Author : Cornel Marian
language : en
Publisher: Kluwer Law International B.V.
Release Date : 2020-09-28
The State S Power To Tax In The Investment Arbitration Of Energy Disputes written by Cornel Marian and has been published by Kluwer Law International B.V. this book supported file pdf, txt, epub, kindle and other format this book has been release on 2020-09-28 with Law categories.
The State’s Power to Tax in the Investment Arbitration of Energy Disputes Outer Limits and the Energy Charter Treaty Cornel Marian States today are expected not only to regulate the efficient and safe production and distribution of energy to end-users but also to incentivize increased production of energy and the transition to clean energy. In recent years, states are increasingly relying on taxation measures to address the economic challenges affecting the energy sector. This book provides the first in-depth exploration of the intersection between the treaty investment protection regime and taxation measures, as these materialize in investor-state energy disputes. With the analysis of all known and pending cases under the Energy Charter Treaty (ECT), as well as non-ECT cases and bilateral investment treaties which have heavily influenced ECT jurisprudence, the author develops a deeply informed energy tax policy that greatly mitigates the points of tension in the current regime. He closely investigates the following elements of the subject: aligning the ECT Taxation Article with the taxation articles of other investment treaties; tracing current case law to the original arbitration decisions involving tax measures; extrapolating the interplay of taxation provisions with substantive standards of investment protection as reviewed by international arbitral tribunals; evaluating the outer limits of the state’s power to tax under investment treaties and public international law; and addressing how the Yukos arbitration case has changed the framework of taxation issues in investment arbitration. In a clear and concise manner, the author provides the necessary framework to dissect any taxation chapter of an investment treaty and presents tools for the development of long-term tax policy and the adoption of model taxation clauses for sustainable investment protection mechanisms. The book takes a giant step toward meeting the ECT’s mandate to promote long-term cooperation in the energy field with a set of defined objectives focusing on trade, cooperation, energy efficiency, and environmental protection. It will be of immeasurable value to states in developing tax-specific investment incentive schemes as well as to investors in completing a necessary level of due diligence against possible adverse tax measures. Practitioners and academics with a focus on international arbitration will benefit from the book’s systematic approach to the complex taxation provisions of investment protection treaties and more readily recognize the “red flags” attached to national taxation provisions and their impact on investments in the energy sector.
Investment Arbitration Under The Energy Charter Treaty
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Author : Thomas W. Wälde
language : en
Publisher:
Release Date : 2003
Investment Arbitration Under The Energy Charter Treaty written by Thomas W. Wälde and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2003 with categories.
The Energy Charter Treaty
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Author : Crina Baltag
language : en
Publisher: Kluwer Law International B.V.
Release Date : 2012-01-01
The Energy Charter Treaty written by Crina Baltag and has been published by Kluwer Law International B.V. this book supported file pdf, txt, epub, kindle and other format this book has been release on 2012-01-01 with Law categories.
The Energy Charter Treaty (ECT) is a multilateral treaty in the energy sector, entered into force in April 1998, which gained worldwide recognition mainly because of its provisions on the promotion and protection of investments. The ECT currently has over 45 contracting parties. Its popularity increased significantly in the last few years following the proliferation of disputes submitted to arbitration under Article 26 of the ECT, while investors became more familiarized with the rights granted by the ECT in respect of their investments. At present, more than 20 disputes between investors and contracting parties have been submitted to arbitration. The requirements of ‘investor’ and ‘investment’ are essential for the benefit of the protection offered by the ECT. The book suggests a comprehensive approach to the notion of ‘investor’. It analyzes the notion of ‘investor’ in an inclusive manner, starting with the concept of Contracting Party to the ECT and its implications in respect of the notion of ‘investor’, going through nationality, permanent residency, dual nationality, companies and other legal entities and shareholders, to the notion of ‘investment’ and its role in defining the concept of ‘investor’ under the ECT. The aim of the book is to shed light on the proper meaning of the notion of ‘investor’ under the ECT, considering the close relationship between the ECT and other treaties such as the ICSID Convention and arbitration rules.
Investment Arbitration Under The Energy Charter Treaty
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Author : Thomas W. Waelde
language : en
Publisher:
Release Date : 1997
Investment Arbitration Under The Energy Charter Treaty written by Thomas W. Waelde and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 1997 with Arbitration and award, International categories.
Settlement Of Investment Disputes Under The Energy Charter Treaty
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Author : Thomas Roe
language : en
Publisher: Cambridge University Press
Release Date : 2011-04-14
Settlement Of Investment Disputes Under The Energy Charter Treaty written by Thomas Roe and has been published by Cambridge University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2011-04-14 with Law categories.
The Energy Charter Treaty has come of age, with almost 50 States parties and a small but growing body of arbitral case law. In this new study of the Treaty's investment protection provisions, Thomas Roe and Matthew Happold set out to identify and explain the Treaty's principal provisions and to suggest answers to some of the difficult problems thrown up by its drafting. They discuss in detail questions such as the standards of protection granted by the Treaty and the international responsibility of States for breaches of the Treaty, the various procedures available for the vindication of rights under the Treaty and the conditions to be satisfied before a claimant's complaint may be considered on the merits. Specific issues addressed include the impact of EU law on claims under the Treaty and the Treaty's provisions concerning taxation.
Investment Arbitration And The Energy Charter Treaty
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Author : Clarisse Ribeiro
language : en
Publisher: Juris Publishing, Incorporated
Release Date : 2006
Investment Arbitration And The Energy Charter Treaty written by Clarisse Ribeiro and has been published by Juris Publishing, Incorporated this book supported file pdf, txt, epub, kindle and other format this book has been release on 2006 with Arbitration (International law categories.
The Future Of Investment Treaty Arbitration In The Eu
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Author : Crina Baltag
language : en
Publisher: Kluwer Law International B.V.
Release Date : 2020-07-16
The Future Of Investment Treaty Arbitration In The Eu written by Crina Baltag and has been published by Kluwer Law International B.V. this book supported file pdf, txt, epub, kindle and other format this book has been release on 2020-07-16 with Law categories.
In March 2018, the Court of Justice of the European Union (EU) ruled in Achmea that investor-state dispute resolution provisions in intra-EU bilateral investment treaties (BITs) are incompatible with EU law and ipso facto invalid. In January 2019, EU Member States issued Declarations on the Legal Consequences of the Judgment in Achmea undertaking to take steps formally to terminate intra-EU BITs. However, at present, there is no consensus among them on the implications of Achmea on the Energy Charter Treaty, the multilateral energy treaty to which the EU and its Member States are all parties. Many EU law scholars consider the Achmea judgment as the death knell to intra-EU investment treaty arbitrations. Some have even predicted the end of Investor-State Dispute Settlement itself. Investment treaty and public international law scholars and legal practitioners, however, have a different view of the schism now growing between EU and international law. The Future of Investment Treaty Arbitration in the EU examines the current and the proposed new framework for investment protection in the EU and internationally, with a particular focus on investment treaty arbitration and energy-related investments. With contributions from leading academics and practitioners, the book addresses the following themes: Intra-EU investment protection and the rule of law, including the proposed Multilateral Investment Court. The original purpose and features of investment protection, with particular focus on the EU. The Achmea judgment and its impact on the Energy Charter Treaty and energy investments. The ongoing discussion to modernize the Energy Charter Treaty post-Achmea. EU state aid and investment arbitral awards. Recognition and enforcement of investment arbitral awards post-Achmea in EU Member States, including in the light of Brexit. Recognition and enforcement of investment arbitral awards post-Achmea in China, Singapore, Switzerland and the United States. This eminently informative book is very timely given the ongoing debate taking place in the EU and internationally regarding the interrelationship between investment treaty arbitration, public international law and EU law. The contributions from leading academics, scholars and European Commission officials provide a balanced, contextualized, detailed and critical analysis that will aid interested stakeholders to navigate their way with confidence through this difficult and changing area of the law. Testimonial: ”...is a welcome addition to the already vast literature focusing on EU investment arbitration. Perhaps the main merit of the book is that it brings together different perspectives on the debates ensuing in this field, offering the reader both the EU perspective and that of public international/investment lawyers. As such, it harmoniously integrates those - sometimes conflicting - views and is a great starting point for anyone unfamiliar with the subject (while also being of relevance to practitioners and academics with a knowledge of intra-EU investment arbitration), allowing the reader to gain an in-depth and fully comprehensive understanding of the legal problems raised in this area.” Alexandros-Catalin Bakos (LL.M) Editor, Revista Româna de Arbitraj / Volume 54, Issue 3/2020, p183-194
Investment Treaty Arbitration And International Law Volume 7
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Author : Ian A. Laird
language : en
Publisher: Juris Publishing, Inc.
Release Date : 2014-05-01
Investment Treaty Arbitration And International Law Volume 7 written by Ian A. Laird and has been published by Juris Publishing, Inc. this book supported file pdf, txt, epub, kindle and other format this book has been release on 2014-05-01 with Conflict of laws categories.
Is it Time for a Regime Change? Protecting International Energy Investments against Political Risk. The 2013 seventh annual Juris investment arbitration conference put in issue the special role of international energy projects in the development of investor-state arbitration. It is currently one of the most active sectors of investor-state arbitration. The “facts” of the energy sector therefore are particularly well-developed in international jurisprudence. The similarities in the applicable law of investment protection between the energy sector and other sectors tend to hide from view what our panelists repeatedly uncovered: it is the facts of energy disputes that significantly set them apart. The concerns of sovereign dominion over national energy production and the protection of foreign investors in the energy sector against stranding large investments served as a key point of departure for discussions. The four questions that the Conference addressed include: The Energy Sector, Investment Arbitration and the ECT: Carving out a Special Regime? Energy Contracts and BITS – Is it Fair and Equitable to be Under the Umbrella? Mulitparty Investor Disputes in the Energy Sector – Preclusion, Consolidation or Free-For-All? Measure by Measure? Calculating Damages in Energy Disputes The discussion and debate that followed is provided in this book and sure to be of tremendous value to the international business lawyer, litigation specialist or trade and investment law policy expert.