Gibson Dunn

This Practice Note considers the substantive standards of investor and investment protection under the Energy Charter Treaty (ECT). It does not cover the notions of the investor and investment, the denial of benefits and the dispute resolution mechanism under the ECT, which are considered in a separate Practice Note: Investment treaty arbitration under the Energy Charter Treaty. The Practice Note considers the following protections under the provisions of the ECT: fair and equal treatment and constant protection and security, within which are considered: non-impairment of investments, non-discrimination (or non-discriminatory treatment), key personnel protection, war losses compensation, and expropriation under the ECT.

This Practice Note considers investment treaty arbitration under the Energy Charter Treaty (ECT) (also referred to as investment arbitration under the ECT). It considers the background to the ECT (what is the Energy Charter Treaty?), the investors and investments protected by the ECT (what is a qualifying investment under the ECT; what is a qualifying investor under the ECT), denial of benefits under the ECT, and the options for dispute resolution under the ECT (ie to the courts or administrative tribunals of the Contracting Party to the dispute; in accordance with any agreed dispute settlement procedure; or, to international arbitration in accordance with article 26(4) of the ECT). It also considers amicable settlement under the ECT.