ISDS Case Map
ECT
Energy Charter Treaty
Secretive tribunals allow fossil fuel companies to sue governments for passing laws to protect environment.
The European Commission has opened an in-depth investigation in order to assess whether an arbitration award, to be paid by Spain in favour of Antin, is in line with EU rules on State aid.
The Dutch Ministry of Economic Affairs initiated “anti-arbitration” proceedings before the German courts to “avert” two ECT-based ICSID arbitrations brought against it by the German energy companies RWE and Uniper.
Little progress has been made to modernise a controversial agreement on energy investments that activists warn could derail decarbonisation efforts in Europe and across the globe, according to leaked documents.
More than 400 are calling on political leaders across all European countries to prioritise climate policies, to stick to their climate commitments, and therefore to initiate withdrawal from the Energy Charter Treaty by COP26.
Amid the climate and environmental emergency, a British oil and gas company is threatening to sue Slovenia for requiring an environmental impact assessment for a controversial gas fracking project.
Nigerian labour unions and civil society organizations have urged the government not to assent to the ECT, explaining that the Treaty contains provisions for an Investor-State Dispute System (ISDS), which accords investors obscene privileges.
Nigeria has completed all three of its accession reports but the Energy Charter Conference placed restrictions on ECT accession finalization procedures, placing Nigeria’s accession path into a state of pause.
After four unsuccessful negotiation rounds, and with a fifth round starting this week that does not bring any silver linings in terms of outcome, the time has come for the EU and its member states to leave the ECT.
In order to mitigate host state risk, foreign investors should consider the importance of investment treaty protection.
