Investment arbitration is a procedure to resolve disputes between foreign investors and host States (also called Investor-State Dispute Settlement or ISDS). The possibility for a foreign investor to sue a host State is considered as a guarantee for the foreign investor that, in the case of a dispute, it will have access to independent and qualified arbitrators who will solve the […]
Energy Charter Treaty Arbitration
ECT Remains Available for Intra-EU Investor-State Disputes
European Union (EU) investors can bring investment claims against another EU Member State under the Energy Charter Treaty (ECT). This is the finding of the SCC arbitral tribunal in the Charanne v. Spain case (Award of 21 January 2016). This award clarifies uncertainties regarding intra-EU investment-states dispute settlement (ISDS) arising under the ECT. Claimants, two companies […]
