Edited by José R. Mata Dona and Nikos Lavranos
Chapter 14: ARBITRATION UNDER THE ENERGY CHARTER TREATY: THE RELEVANCE OF EU LAW
This chapter examines the “intra-EU” and “extra-EU” disputes that have arisen under the Energy Charter Treaty (ECT). It starts by recalling the history of the ECT and its object and purpose as a sector specific treaty aimed at providing a high level of protection for investors. It then examines the question of whether ECT tribunals have jurisdiction to consider intra-EU disputes, concluding that they do. This chapter further considers the role of EU law in ECT cases involving an EU Member State, noting that it has no role to play when considering questions of jurisdiction but potentially more significant role with respect to the merits of the dispute. Finally, this chapter considers the significance of the European Court of Justice’s decision in the Achmea case on the applicability of the ECT in disputes between EU investors and EU Member States.
You are not authenticated to view the full text of this chapter or article.
Elgaronline requires a subscription or purchase to access the full text of books or journals. Please login through your library system or with your personal username and password on the homepage.
Non-subscribers can freely search the site, view abstracts/ extracts and download selected front matter and introductory chapters for personal use.
Your library may not have purchased all subject areas. If you are authenticated and think you should have access to this title, please contact your librarian.