Overview
Partners Juliya Arbisman and Luis Fortuño, and associate Niyati Ahuja wrote an article that appeared in Jus Connect’s October 2023 Energy Arbitration Report titled "What is Fueling the Future of the ECT?"
Recent years have seen a political re-evaluation of the Energy Charter Treaty (ECT). The ECT is a multi-national legal instrument originally designed to liberalize energy trade after the fall of the Soviet Union in the 1990s. Investors with qualified investments can enforce the ECT’s protections through international arbitration. To date, over 150 such cases have been launched. Many led to historically consequential compensation decisions.
Whether the ECT’s utility has become outmoded is a matter of perspective. Various economic and political factors at national and EU levels, have added further pressures for reforms, with some contracting parties advocating for reforms or the complete withdrawal from the ECT.
You can access the article here.
The article originally appeared in Jus Connect’s 2023 Industry Insight Report on Energy Arbitration published on Daily Jus with thanks to Jus Connect & Jus Mundi. Download the full report at: https://bit.ly/Jus-Connect_2023-Energy-Arbitration-Report_SM