The Jurisdiction Problem in Energy Charter Treaty Claims
Article from: OGEL 3 (2008), in The Energy Charter Treaty
Is there a significant threshold barrier for claims made under the Energy Charter Treaty (ECT) that arbitral tribunals should recognise, even though one eminent tribunal has already indicated that any threshold barrier is formalistic and low? The holding in Plama Consortium Limited v Republic of Bulgaria is important not simply because of the policy implications that one may glean from it. The Plama Decision on Jurisdiction raises, as a matter of treaty interpretation and international law, a cluster of questions in relation to ECT arbitral jurisdiction: (1) whether allegations of ...