Open AccessPRACTICE OF INTERNATIONAL INVESTMENT ARBITRATIONS ON IMPLEMENTATION OF CERTAIN PROVISIONS OF THE ENERGY CHARTER TREATY
Author(s) -
Zakhar Tropin
Publication year - 2018
Publication title -
aktualʹnì problemi mìžnarodnih vìdnosin
Language(s) - English
Resource type - Journals
eISSN - 2663-8959
pISSN - 2308-6912
DOI - 10.17721/apmv.2018.136.0.48-59
Subject(s) - treaty , charter , arbitration , investment (military) , settlement (finance) , jurisdiction , law , state (computer science) , international investment , state responsibility , united nations charter , conciliation , business , political science , international law , law and economics , economics , finance , foreign direct investment , algorithm , security council , politics , computer science , payment
Practice of international arbitrations on implementation of investment provisions of Energy Charter Treaty («ECT») is considered in the article. Certain investment disputes which appeared on the earliest period of operation of this international agreement are considered. Respectively they are interesting when one would like to forecast application of ECT's provisions. Conclusions of arbitration tribunals in cases Ioannis Kardossopoulos (Greece) v. Georgia, Petrobart Ltd. (Gibraltar) v. Kirgizia, Plama Consortium Ltd. (Cyprus) v. Bulgaria and Nykomb Synergetics Technology Holding AB (Sweden) v. Republic of Latvia are analyzed in the article. Among other things author investigates such problematic issues of implementation of ECT investment provisions as: responsibility of state for the violations performed by state enterprises; interrelation of jurisdiction of national courts and international arbitration tribunals on settlement of international disputes under the ECT; provisional application of ECT and possibility to consider violation of investment provisions on the jurisdictional stage. An author shows that ECT investment arbitrations act on the general trend of investment dispute settlement. On the other hand and taking into account peculiarities and importance of ECT respective decisions may become significant for the general practice of investment dispute settlement.