Home
Law
Arbitration / Mediation / Litigation
Energy Dispute Resolution

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

Name: Energy Dispute Resolution
Brand: Juris Publishing
SKU: 9781933833798
Price: 1500.00 HKD
Availability: OutOfStock
Author: Graham Coop
ISBN: 9781933833798

By Graham Coop

Juris Publishing June 2011

Specifications

ISBN-13: 9781933833798
Publisher: Juris Publishing
Publication: June 2011
Format: Paperback , 472 pages
Jurisdiction: International ? Countri(es) for reference only

Details

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.

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

Index

CD-ROM (Appendix Topics)
The Energy Charter Treaty (ECT) and Related Documents
ICSID Convention, Regulation and Rules
ICSID Additional Facility Rules
SCC Arbitration Rules 2010
UNCITRAL Arbitration Rules 2010

About the Author

Graham Coop, General Counsel, Energy Charter Secretariat, Brussels

Graham Coop joined the Energy Charter Secretariat as General Counsel in 2004. Prior to this, he was Head of the Energy and Natural Resources Group at Freshfields Bruckhaus Deringer, Paris, where he was based from 1992 until 2002, followed by two years as a Partner with Denton Wilde Sapte's Energy and Infrastructure Department in London. He was a member of the legal team representing Bahrain in its territorial sovereignty and maritime delimitation dispute with Qatar in the International Court of Justice and received the Order of Bahrain as a result of his work on that dispute. In 1998 and 1999 he was seconded to lead the 5-lawyer International Transport and Supply Contracts Division of the Legal Service of Gaz de France, the French gas utility. He has written and spoken extensively on international legal questions, including legal issues for international energy companies investing in Iraq. He has advised governments and international corporations on disputed sovereignty and maritime delimitation issues throughout the Middle East. His extensive experience in oil, gas, electricity, water, renewable energy and infrastructure covers major projects, joint ventures, supply agreements, transport agreements, competition and regulatory issues, and contentious matters. He is regularly published and cited in the U.K., French and Arabic press and speaks regularly at conferences in the U.K., Continental Europe and Africa.

Contributing Authors:

Emily M. Alban
Stanimir A. Alexandrov
Yas Banifatemi
Jan Asmus Bischoff
Colin M. Brown
Markus Burgstaller
Peter D. Cameron
Virginia A. Colaiuta
Graham Coop
James Crawford
Ulf Franke
Jason A. Fry
Norah Gallagher
Laurent Gouiffès
Alexandre de Gramont
Dmitri Grischenko
Jonathan C. Hamilton
Richard Happ
David Herlihy
Kaj I. Hobér (undetermined)
Stephen Jagusch
Meg Kinnear
Christiaan M.J. Kröner
André Mernier
Petr Polásek
Michael Polkinghorne
Christer Söderlund
Jeffrey Sullivan
Sylvia T. Tonova
Sergei Voitovich

Reviews

"Despite the diversity of authors and of topics, held together by the ECT as the overarching theme, this is a highly interesting and readable book. A detailed table of contents as well as an index add to the usefulness of this volume. It is required reading for anyone who deals with the ECT or generally with investment law."
-Christoph Schreuer, of Counsel, Wolf Theiss, Vienna

"Disputes between energy companies and governments are endemic. The Energy Charter Treaty provides foreign investors in the energy sector unique protections and binding dispute resolution option against States, in certain circumstances, as of right and without reference to any commercial contracts or concession agreements. The ECT is a remarkable tool for facilitating and promoting global energy investment. However, although it provides benefits to both States seeking to entice foreign investment in the energy sector and energy companies looking to invest overseas, its provisions can be complex and require an in-depth knowledge of public international law to understand fully.

Fortunately, Energy Dispute Resolution: Investment Protection, Transit and the Energy Charter Treatyprovides a useful guide to many of the most pressing issues facing energy companies and governments, when it comes to investor-State disputes in the energy sector. It contains contributions from leading practitioners and theorists in the field. It provides answers to many of the most pressing questions that arise in the context of such energy disputes. Its contents contain insights into the most up-to-date developments in the theory and practice of investor-State energy disputes and their resolution under the Energy Charter Treaty. All credit goes to Graham Coop, its distinguished editor, for sharing his expertise in this area. This is a must-have for businessmen, public servants, lawyers and academics with an interest in foreign investment in the energy sector."
-Robert G. Volterra, Volterra Fietta