Legal Guidance and Research / Experts / Charline O. Yim
Charline O. Yim#5036
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Charline O. Yim

Gibson Dunn
Charline Yim is an associate in the New York office of Gibson, Dunn & Crutcher. She is a member of the Litigation and International Arbitration Practice Groups. Ms. Yim earned her Juris Doctor in 2011 from Harvard Law School, where she was the Co-Editor-in-Chief of the Harvard International Law Journal. She graduated summa cum laude in 2008 from the University of California, Los Angeles, where she studied Economics, English, and Political Science, and was elected to Phi Beta Kappa. Ms. Yim is admitted to practice in the State New York, and before the United States District Court for the Southern District of New York and the United States District Court for the Eastern District of New York.

Practice Area

Panel

  • Contributing Author

Qualified Year

  • 2012

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.

Education

  • Harvard University - 2011 Juris Doctor
  • University of California - Los Angeles - 2008 Bachelor of Arts

2 Contributions by Charline O. Yim

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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