Ana Stanič
Ana is the founder of E&A Law and an English Solicitor Advocate and Irish solicitor. For over 25 years she has advised on matters of energy law, EU law and international law with specific emphasis on dispute resolution.
She regularly advises states, international institutions and energy companies on EU energy law including the energy transition, energy security and the inter-relationship between EU and international law including with respect to Nord Stream 2 and South Stream. Ana also acts as counsel and sits as arbitrator in commercial and investment treaty arbitrations and has appeared before the Court of Justice of the EU. She has negotiated concession agreements to construct large energy infrastructure, host government agreements as well as advised on maritime boundary dispute in the East Med and Africa. As a member of the Slovenian government negotiated several Bilateral Investment Treaties and a Free Trade Agreement.
Ana is a member of the PCA Court of Arbitrators since 2019.
She was appointed by the European Commission as an arbitrator and sustainability expert in respect of bilateral disputes under the EU's trade and investments agreements with third countries in June 2022.
A Visiting Professor at Technische Universität (Berlin) and UIBE (China) in public international law, arbitration and energy law.
CEDR accredited mediator since April 2023.
Practice Area
Panel
- Consulting Editorial Board
Qualified Year
- 1997
Experience
- E&A Law Limited (2007 - Present)
- Skadden Arps (London) (2004 - 2007)
- Vinson & Elkins (London) (2000 - 2004)
- Clifford Chance (London) (1998 - 2000)
Membership
- PCA Court of Arbitrators in The Hague
- Advisory Board of VIAC
- ICC Commission on Arbitration and ADR
- ICC Commission on Arbitration in CEE
- Chartered Institute of Arbitrators
Qualifications
- First Class Honours, LLM in International Dispute Settlement, Private Commercial Litigation, EU Law, and Public International Law (1997)
- Bachelor of Laws (top 6%) (1994)
- With Merit, Bachelor of Commerce (Banking and Finance), (top 3 %) (1994)
Education
- University of Cambridge (1997)
- University of New South Wales (UNSW), Australia (1994)
1 Contributions by Ana Stanič
PRACTICE NOTES
Intra-EU investor-state arbitration post-Achmea: ECT developments, BIT terminations, EU state aid, and enforcement of awards in EU and non-EU courts
Introduction
The practice of an investor from one EU Member State relying on intra‑EU bilateral investment treaties (BITs) and the Energy Charter Treaty (ECT) to bring arbitration against another EU Member State as the host has sparked substantial controversy in recent years. That debate has underscored the friction between protections afforded by EU law and those conferred under BITs and the ECT. As explained further below, this issue is now, for the most part, resolved as a matter of EU law. Yet, strikingly, in almost all intra‑EU investor‑state arbitrations (under either BITs or the ECT) to date, tribunals have declined to dismiss cases for lack of jurisdiction on the basis of the intra‑EU objection. As a result, many EU investors are pursuing enforcement of arbitral awards against EU Member States outside the EU, and many others are opting to seat proceedings for new intra‑EU investment disputes beyond the EU. For background on resolving intra‑EU investment disputes through arbitration, see the (archived) Practice Note: Arbitration in intra‑EU bilateral investment treaties [Archived] The only three intra‑EU investment disputes in which arbitral tribunals have declined jurisdiction based on...
Arbitration
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