Investment and investor protection under the Energy Charter Treaty
Produced in partnership with Cyrus Benson of Gibson Dunn , Charline O. Yim of Gibson Dunn , Victoria R. Orlowski of Gibson Dunn and Ankita Ritwik of Gibson Dunn
Practice notesInvestment and investor protection under the Energy Charter Treaty
Produced in partnership with Cyrus Benson of Gibson Dunn , Charline O. Yim of Gibson Dunn , Victoria R. Orlowski of Gibson Dunn and Ankita Ritwik of Gibson Dunn
Practice notesThis Practice Note deals with the substantive standards of protection under the Energy Charter Treaty (ECT). It does not cover the notions of qualifying investor and qualifying investment, denial of benefits or the dispute resolution mechanism under the ECT (including arbitration). For more information on these aspects, see Practice Note: Investment treaty arbitration under the Energy Charter Treaty. The terms investor, investment and Contracting Party as used herein are defined in that Practice Note.
Part III of the ECT includes a catalogue of provisions that establish a high standard of protection of foreign investments that occur within the territories of host states that are Contracting Parties to the ECT. The key provisions in Part III of the ECT are Articles 10 and 13.
Fair and equitable treatment (FET) and the ECT
Article 10(1) of the ECT obliges Contracting Parties to accord fair and equitable treatment (FET) to protected investments. It
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