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