Author: Nikos Lavranos

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Energy Charter Treaty: Withdrawing is worse than signing up to reformed deal

Poland, Spain and The Netherlands announced their intention to withdraw from the Energy Charter Treaty. The real reason for these announcements is a wish to escape recent investor-state arbitration awards.  Withdrawing from the treaty would still mean that member states are liable to investor-state dispute cases for twenty years. Agreeing …

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Comment: How the EU disconnected itself from the Energy Charter Treaty

Last Friday Energy Charter Treaty diplomats endorsed changes to the agreement after more than two years of ’modernisation’ negotiations. Although the new text has not yet been published, a summary communication released by the ECT secretariat indicates that there will be significant changes. This effectively foreshadows a gradual ‘withdrawal’ of …

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ECJ pre-empts circumvention of intra-EU ISDS prohibition

The European Court of Justice confirmed that investor-state arbitration between European Union investors and member states is illegal, even if such arbitration is based on domestic legislation of an EU member state. Whilst EU investors can pursue arbitration internationally under new EU investment protection treaties, a major rule-of-law gap has …

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ECJ puts paid to intra-EU Energy Charter Treaty investor-state arbitration

The European Court of Justice declared in a judgment on Thursday (2 September) that the investor-state arbitration system under the Energy Charter Treaty is not applicable within the European Union. This effectively puts an end to ECT arbitration within the EU and will significantly increase the pressure on the ongoing …