Two Provisions to be Incorporated into the ECT to Bring it into Line with the Most Recent Developments in International Investment Arbitration
Article from: OGEL 2 (2019), in The Energy Charter Treaty
Summary
The Energy Charter Treaty is the only legally-binding multilateral instrument in the energy sector. Apart from regulating energy trade (Part II) and providing protection of foreign investments (Part III), it also covers the alternative resolution of investor-state disputes (Part V, Article 26). The current text of Article 26 does not provide for sufficiently efficient alternative dispute resolution framework. It also does not follow the most recent practice in arguably the most significant alternative dispute resolution mechanism - international ...