Investment and investor protection under the Energy Charter Treaty
Produced in partnership with Cyrus Benson, Charline Yim, Victoria Orlowski and Ankita Ritwik of Gibson Dunn & Crutcher LLP
Investment and investor protection under the Energy Charter Treaty

The following Arbitration practice note Produced in partnership with Cyrus Benson, Charline Yim, Victoria Orlowski and Ankita Ritwik of Gibson Dunn & Crutcher LLP provides comprehensive and up to date legal information covering:

  • Investment and investor protection under the Energy Charter Treaty
  • Fair and equitable treatment (FET) and the ECT
  • Constant protection and security and the ECT
  • Protection against unreasonable and discriminatory measures and the ECT
  • Umbrella clause in the ECT
  • Expropriation and the ECT
  • Other relevant provisions of the ECT—national treatment, MFN, key personnel, compensation for losses and free transfer of investments guarantee
  • Tax carve out in the ECT
  • Trends in ECT disputes

BREXIT: As of exit day (31 January 2020), the UK is no longer an EU Member State. However, in accordance with the Withdrawal Agreement, the UK has entered an implementation period, during which it continues to be subject to EU law. This has an impact on this Practice Note. For further guidance, see Practice Note: Brexit—arbitration law and practice in England and Wales and News Analysis: Brexit Bulletin—key updates, research tips and resources.

This Practice Note deals with the substantive standards of protection under the Energy Charter Treaty (ECT). It does not cover the notions of qualifying investor and qualifying investment, denial of benefits or the dispute resolution mechanism under the ECT (including arbitration). For more information on these aspects, see Practice Note: Investment treaty arbitration under the Energy Charter Treaty. The terms investor, investment and Contracting Party as used herein are defined in that Practice Note.

Part III of the ECT includes a catalogue of provisions that establish a high standard of protection of foreign investments that occur within the territories of host states that are Contracting Parties to the ECT. The key provisions in Part III of the ECT are Articles 10 and 13.

Fair and equitable treatment (FET) and the ECT

Article 10(1) of the ECT obliges Contracting Parties to accord fair and equitable treatment (FET) to protected investments. It provides that each Contracting Party

Popular documents