Legal Guidance and Research / Experts / Victoria R. Orlowski
Victoria R. Orlowski#3382
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Victoria R. Orlowski

Gibson Dunn
Victoria R. Orlowski, an associate in the New York of Gibson ,Dunn & Crutcher, acts as counsel in both commercial and investment-treaty based international arbitrations, as well as in litigation matters. In addition to representing clients, Ms. Orlowski is active in the international arbitration community. She is acting Vice President of the Standing Committee of the ICC International Centre for ADR and Co-Chaired the ICC Commission's task force on the revision of the Rules of ICC as Appointing Authority in UNCITRAL Or Other Ad Hoc Arbitration Proceedings, which came into force in 2017. Ms. Orlowski joined Gibson Dunn from the Secretariat of the International Court of Arbitration of the International Chamber of Commerce. As counsel of the North American team and then as Managing Counsel, she supervised the ICC Court's case management teams, performed second level review of draft arbitral awards, worked closely with the Secretary General and Deputy Secretary General of the ICC Court and ICC General Counsel to form and maintain practices and helped establish the ICC's New York based case management team. Prior to joining the ICC, Ms. Orlowski was an associate at White & Case in New York.

Practice Area

Panel

  • Contributing Author

Qualified Year

  • 2004

Membership

  • New York Bar
  • United States District Court for the Southern District of New York
  • United States District Court for the Eastern District of New York
  • International Arbitration Club of New York

Education

  • Cornell University - 2003 Juris Doctor
  • Emory University - 2000 Bachelor of Arts

2 Contributions by Victoria R. Orlowski

Energy Charter Treaty investment arbitration: jurisdictional gateways, investor/investment definitions, forum selection, denial of benefits, intra‑EU disputes post‑Achmea/Komstroy, enforcement, and 2024 Modernised ECT reforms and withdrawals
PRACTICE NOTES
Energy Charter Treaty investment arbitration: jurisdictional gateways, investor/investment definitions, forum selection, denial of benefits, intra‑EU disputes post‑Achmea/Komstroy, enforcement, and 2024 Modernised ECT reforms and withdrawals
This Practice Note addresses investment treaty arbitration under the Energy Charter Treaty (‘ECT’) This Practice Note surveys investment treaty arbitration under the Energy Charter Treaty (‘ECT’). It outlines, in summary, the ECT’s background, categories of protected investors and qualifying investments, and principal jurisdictional obstacles, such as fulfilling the obligation to seek amicable settlement, limits arising from forum selection, and use of the ECT’s denial of benefits provision. It also examines, in detail, whether ECT tribunals may hear claims by investors from one EU Member State against another (intra‑EU disputes) under the ECT, a question that has been significant in ECT case law. The Note has been revised to capture pertinent amendments to the ECT adopted by the Energy Charter Conference in December 2024 (the ‘Modernised ECT’). The Modernised ECT applies provisionally to Contracting Parties from 3 September 2025, unless a Contracting Party opted out by 3 March 2025. It will come into force on the ninetieth day after at least three‑fourths of the Contracting Parties deposit instruments of ratification, acceptance or approval, and it will apply only as between depositing Contracting Parties. At the date of publication of this Practice Note, that ratification threshold had not been reached (February 2026)...
Arbitration
Investment protection standards under the Energy Charter Treaty: FET, expropriation, unreasonable and discriminatory measures, umbrella clause, with case law, Modernised ECT reforms and the right to regulate
PRACTICE NOTES
Investment protection standards under the Energy Charter Treaty: FET, expropriation, unreasonable and discriminatory measures, umbrella clause, with case law, Modernised ECT reforms and the right to regulate
This Practice Note focuses on the substantive protections afforded by the Energy Charter Treaty (ECT). It does not address who qualifies as an investor or investment, denial of benefits, or the ECT’s dispute settlement procedures and architecture (including arbitration). For further information on those topics, see Practice Note: Investment treaty arbitration under the Energy Charter Treaty. The expressions investor, investment and Contracting Party are used here as defined in that Practice Note. Part III of the ECT sets out a suite of provisions conferring a robust level of protection on foreign investments made within the territories of host states that are Contracting Parties to the ECT. Among the most significant clauses in Part III are Articles 10 and 13. In December 2024, the Energy Charter Conference adopted a ‘Modernised ECT’, which adjusts the substantive standards and tightens the scope of investment protection, as outlined below. From 3 September 2025, that Modernised ECT will apply provisionally to Contracting Parties that have not opted out of provisional application. It will take effect 90 days after three-fourths of the Contracting Parties lodge instruments of ratification, acceptance or approval, and then only as between those Parties that have deposited such instruments. For more information...
Arbitration
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