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Energy Dispute Resolution: Investment Protection, Transit and the Energy Charter Treaty

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Edited by: Graham Coop

ISBN13: 9781933833798
Published: June 2011
Publisher: Juris Publishing
Country of Publication: USA
Format: Hardback
Price: £130.00

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Energy Dispute Resolution: Investment Protection, Transit and the Energy Charter Treaty is a compilation of written contributions prepared in the context of a conference organized by the Energy Charter Secretariat, in cooperation with five other well-known legal institutions (the Arbitration Institute of the Stockholm Chamber of Commerce, the British Institute of International and Comparative Law, the International Centre for Settlement of Investment Disputes, the International Chamber of Commerce and the Permanent Court of Arbitration). This highly successful conference took place in Brussels in October 2009. Energy Dispute Resolution: Investment Protection, Transit and the Energy Charter Treaty focuses on investment arbitration under the Energy Charter Treaty (or ECT) and on transit dispute resolution under the ECT.

Part I consists of a review of awards, decisions and other developments in ECT investment arbitrations, of which nearly 30 were in the public domain as of 1 January 2011. Part II deals with the relationship between bilateral investment treaties, the ECT as a multilateral investment treaty, and European Union (EU) law, and addresses the question of whether conflict between these legal systems is inevitable. In Part III, the book reviews the highly developed provisional application mechanism of the ECT, particularly in relation to Russia, which signed the ECT in 1994 but has never ratified it. Part IV deals with the energy transit provisions of the ECT and the Treaty’s potential application with respect to East-West energy transit and supply disputes. The book also contains an Editor’s Preface, introductory and closing remarks, a table of contents, a detailed index, and an Appendix in the form of a CD-ROM containing the rules of arbitration of the three international arbitration mechanisms provided by the ECT (ICSID, SCC and ad hoc UNCITRAL arbitration).

The book is of international application, particularly within the 51-country Energy Charter constituency (Western, Central and Eastern Europe, the former Soviet Union, Japan, Turkey, Mongolia and Australia), but is relevant to energy and international arbitration lawyers worldwide.

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International Investment Law, Energy and Natural Resources Law
Editor's preface
About the editor
List of contributors
List of Institutions
Introductory Remarks and Opening Comments
André Mernier
Ulf Franke
Jason A. Fry
Meg Kinnear
Christiaan M.J. Kröner
Norah Gallagher
Part I : What's new? Awards, Decisions and other Developments in Recent Energy Charter Treaty Investment Arbitrations
Chapter 1 - When does a violation of the domestic law of the host state amount to a violation of a public international law principle in determining protection of investors' claims?
Virginie Colaiuta
Chapter 2 - Investment arbitration under the Energy Charter Treaty: The novel case of Plama Consortium Limited v. Republic of Bulgaria
Jonathan C. Hamilton, Petr Polásek and Sylvia T. Tonova
Chapter 3 - Ioannis Kardassopoulos v. Georgia
ICSID Case No. ARB/05/18
David Herlihy
Chapter 4 - AMTO case presentation
Dr. Sergei Voitovich, Dmitry Grischenko
Chapter 5 - Arbitration under the Energy Charter Treaty: Recent decisions and a look to the future
Stephen Jagusch and Jeffrey Sullivan
Part II: BITs, the ECT and the EU: Is Conflict Inevitable?
Chapter 6 - The Future of the Energy Charter Treaty in the context of the Lisbon Treaty
Christer Söderlund
Chapter 7 - The Energy Charter Treaty as a mixed agreement: A model for future european investment treaties?
Markus Burgstaller
Chapter 8 - Role and responsibility of the European Union under the Energy Charter Treaty
Richard Happ and Jan Asmus Bischoff
Part III: Provisional Application: rien ne dure comme le provisoire
Introductory Remarks
James Crawford
Chapter 9 - Provisional application of the Energy Charter Treaty: The negotiating history of Article 45
Yas Banifatemi
Chapter 10 - The sun never sets: provisional application and the Energy Charter Treaty
Alexandre de Gramont and Emily M. Alban
Chapter 11 - Provisional application of the Energy Charter Treaty: the conundrum
Michael Polkinghorne and Laurent Gouiffès
Part IV: Transit Disputes, Supply Disputes and the ECT: Towards an East-West Thaw?
Chapter 12 - Transit disputes, supply disputes and the ECT: Towards an East-West thaw? Some observations from an international trade law perspective
Colin M. Brown
Chapter 13 - The Energy Charter Treaty and East-West transit
Peter D. Cameron
Chapter 14 - Russian energy policy and dispute settlement
Kaj I. Hobér
Concluding Remarks
Renewed questions in ECT investment arbitration
Stanimir A. Alexandrov