Revisiting the LNG Context Under the Investment Protection Regime of the Energy Charter Treaty
Article from: OGEL 4 (2020), in Liquefied Natural Gas (LNG)
Abstract
The development of a global LNG market followed by a growing number of related investments could lead to a respective increase in arbitral proceedings under International Investment Agreements (IIAs). In light of the above, this article aims to revisit the question of whether and to what extent the LNG value chain and the related assets are covered by the ECT's investment protection regime. Upon introducing the relevant ECT provisions and the applicable means of their interpretation, the author examines whether LNG is included in the list of Energy Materials and Products under ...