Foreign Control in the Energy Charter Treaty: A Company for All Seasons?
Article from: OGEL 4 (2020), in The Energy Charter Treaty
Abstract
In Eskosol in liquidazione v. Italy, a distinguished tribunal rejected a preliminary objection to dismiss a claim for manifest lack of legal merit pursuant to Art. 41(5) of the ICSID Arbitration Rules. The tribunal addressed several novel issues arising from the language of Art. 26(7) of the Energy Charter Treaty ("ECT") and made some other general policy considerations. However, in light of the high threshold required to rule a claim as unmeritorious at the41(5) stage, the tribunal did not take a position on such issues. This decision represents a good opportunity to analyze ...