Settlement of Investment Disputes under the Energy Charter Treaty

A concise account of the key investment-protection provisions of the controversial Energy Charter Treaty.

Thomas Roe (Author), Matthew Happold (Author), James Dingemans QC (Consultant editor)

9780521899383, Cambridge University Press

Hardback, published 14 April 2011

272 pages
23.5 x 15.8 x 1.6 cm, 0.56 kg

'… a well articulated and thorough analysis of the ECT investment regime.' The Cambridge Law Journal

The Energy Charter Treaty has come of age, with almost 50 States parties and a small but growing body of arbitral case law. In this new study of the Treaty's investment protection provisions, Thomas Roe and Matthew Happold set out to identify and explain the Treaty's principal provisions and to suggest answers to some of the difficult problems thrown up by its drafting. They discuss in detail questions such as the standards of protection granted by the Treaty and the international responsibility of States for breaches of the Treaty, the various procedures available for the vindication of rights under the Treaty and the conditions to be satisfied before a claimant's complaint may be considered on the merits. Specific issues addressed include the impact of EU law on claims under the Treaty and the Treaty's provisions concerning taxation.

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.

Subject Areas: Arbitration, mediation & alternative dispute resolution [LNAC5], Settlement of international disputes [LBH], Public international law [LBB], Law [L]