The Energy Charter Treaty (“ECT”) is a multi-national agreement that entered into force in 1998. It is designed to establish an international framework for cooperation in the energy industry, with a focus on the Eurasian energy market. It focuses on facilitating trade, protecting investments and managing disputes. Only recently, there have been several new developments regarding the ECT. Many European countries like Spain have been sued from investors for their solar energy reforms. A few…
The Italian government has recently declared its withdrawal from the Energy Charter Treaty (“ECT”). The ECT is a…
On 30 March 2015, Brazil and Mozambique entered into a treaty, which they call the Agreement for Cooperation…
The reform of the renewable energy industry in Spain has resulted in more than ten arbitration procedures filed by foreign or foreign-controlled investors, given the difficulty involved in obtaining investment protection from Spanish courts. Foreign control of investments is the critical element which opens the way to arbitration to protect investment. It must be decided whether the basic principles of investor protection have been observed and suitable compensation must be awarded, if appropriate, for any…
Venezuela’s withdrawal from the ICSID Convention does not prevent foreign investors from relying on other mechanisms in order…
Important companies headquartered in Peru are nowadays investing in countries of the Pacific Alliance. This is the case…
As Vietnam’s trade and investment ties with the global economy continue to deepen, it is normal and inevitable that a small minority of projects will end up in disputes, as recent cases highlighted by the press illustrate. It is a positive step, therefore, that on 14 January 2014, the Prime Minister of Vietnamese Government issued Decision No. 04/2014/QD-TTg (“Decision 04” or “Decision”) regulating the coordination between the Vietnamese States bodies in international investment disputes settlement.…