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ECT modernisation perspectives: unpacking the impact of the revised ECT text on dispute resolution
This article focuses on the implications of the revised text for dispute resolution under the ECT. We address the environmental focus of the anticipated reforms and conciliation of State-to-State disputes relating to sustainable development and climate change.
UNCITRAL Working Group III and the Assessment of Compensation and Damages: Thinning scope for impactful reform or an opportunity to make a difference?
In WGIII, states will need to prioritize the reforms that have the most impact in addressing their key concerns with the ISDS system.
International investment governance and achieving a just zero-carbon future
A wholly new international investment regime designed with climate and other global goals in mind could be used as a tool to accelerate the investments needed to address the climate crisis.
Latvia goes to arbitration over energy disagreement
A company registered in Switzerland, RSE Holding AG, has initiated an international arbitration proceeding against Latvia claiming that changes effected to the regulatory framework applicable to electricity produced in high-efficiency cogeneration are in breach of European rules.
UK independent hit by $190 million annulment claim
UK-based Rockhopper Exploration has been dealt a blow in its protracted legal battle with Italy with the European nation applying to the ICSID to annul the €190 million payment it was ordered to make.
Beyond ‘Once BITten, Twice Shy’: defending the legitimacy of investor-state dispute settlement in Peru and Australia
Why do governments include ISDS in investment treaties despite scant evidence of its economic benefits and clearer info about its costs?
The agreement in principle on ECT “modernization”: A botched reform attempt that undermines climate action
The renegotiated ECT does not rise to the mounting global challenges regarding energy investment, climate action, and sustainable development.
Justice ministry requests recalculation of ICSID ruling
Should the claims be accepted, the amount the South Korean government has to pay to Lone Star would be reduced to a little over 216 million U.S. dollars.
A backdoor for fossil fuel protection: How extending ECT coverage to CCUS, hydrogen, and ammonia will lock-in oil & gas
Extending protection under the Energy Charter Treaty to investments in carbon capture, utilization and storage, hydrogen, and ammonia, among other emerging energy technologies and products, could hamper the ability of States to end reliance on fossil fuels.
Yukos shareholders seek to enforce $50 bln award against Russia in London court
Former shareholders of defunct oil giant Yukos asked a judge in London to allow the enforcement of a $50 billion arbitration award against Russia.