ISDS Case Map
ECT
Energy Charter Treaty
The ongoing Rockhopper case may become a benchmark for future cases on the horizon, following Italy’s decision to crack down on hydrocarbon explorations and extractions.
Arbitration proceedings which the Hungarian energy group MOL has launched against Croatia before the ICSID in Washington are still ongoing and a ruling is pending, and Croatia has contested the jurisdiction of the arbitration tribunal.
It would be a brave person who would gamble on the CJEU not extending its Achmea reasoning to the ECT. Perhaps the time for obituaries is not yet nigh, but the headstone is already being carved.
22 of the 28 EU nations have committed to terminate their bilateral investment treaties and use their influence as home states and respondent-states to notify tribunals of the non-arbitrability of intra-EU bilateral investment treaties and Energy Charter Treaty claims.
Tribunals still grappling with the intra-EU question, especially those in ECT cases, are certain to pay great attention to the carefully crafted Vattenfall decision. Its reasoning may well serve as a blueprint for further decisions and awards in similar cases.
The net award for Athena Investments amounts to approx. EUR 11M.
The Romanian government has won a trial at World Bank’s International Centre for Settlement of Investment Disputes against the Swiss-based energy trader Alpiq in a case related to Hidroelectrica insolvency procedure.
The documents highlight for the first time the pressure placed on the French parliament by a foreign company’s threat to use the ISDS mechanism.
A US arbitration court has rejected a German government petition that said the panel had no right to rule on a damages claim by Sweden’s Vattenfall. Berlin cited a ruling by the Court of Justice of the European Union.
The proposed instrument is of little benefit to states on either account and it is overly intrusive into government administrative processes.
