Treaty-based investment arbitration is becoming increasingly important in international commerce, with the vast majority of such investment cases being filed within the past three years. The issues associated with investment arbitration are therefore of growing interest not only to governments but also to the business and legal communities. Within this overall picture, the Energy Charter Treaty occupies a singular position, providing a unique multilateral investment protection regime for the energy sector. This book seeks to provide practical guidance to the complex operation of the Treaty.
About the Author
Thomas Roe is a barrister at 3 Hare Court, Temple, London, specialising in commercial dispute resolution. He has extensive experience of disputes with international elements and concerning the rights and obligations of the State. He is a Member of the Chartered Institute of Arbitrators.
Matthew Happold is Professor of Public International Law at the University of Luxembourg. He is also a member of chambers at 3 Hare Court, Temple, London. He has published extensively on a wide range of international law subjects.
James Dingemans QC is Head of Chambers at 3 Hare Court, Temple, London. He is a recorder and Deputy High Court Judge (England and Wales), Chairman of the International Relations Committee of the Bar Council of England and Wales, a Member of the Council of the Commonwealth Lawyers' Association and a Fellow of the Chartered Institute of Arbitrators.
Table of Contents
1. Introduction: international treaty arbitration and the Energy Charter Treaty; 2. The applicable law; 3. Availability of dispute settlement under Article 26; 4. European Union law and the Energy Charter Treaty; 5. Substantive law; 6. Procedure; 7. Contracting parties' international responsibility for breaches of Part III of the ECT; 8. Taxation; Appendix A: relevant provisions of the Energy Charter Treaty; Appendix B: signatories and parties to the Energy Charter Treaty.