Investment Arbitration and the Energy Charter Treaty

Investment Arbitration and the Energy Charter Treaty provides the first authoritative analysis ofinvestment arbitrationand its relationship to the Energy Charter Treaty (ECT). This book is based on a conference co-organised in Stockholm on 9 and 10 June 2005 by the Energy Charter Secretariat and the Arbitration Institute of the Stockholm Chamber of Commerce and reflects the growing importance of investment arbitration for international commerce. This was the first international conference specifically addressing questions of investment arbitration in relation to ECT and this publication will no doubt contribute to raising awareness about the Treaty and its provisions. To date 51 countries have ratified the ECT. The Energy Charter Treaty is a treaty of great importance inthat it provides for direct arbitral recourse in settlement of disputes that arise under the Treaty. Many legal problems and issues to which the interpretation and application of the Treaty may give rise are searchingly explored inthe Chapters of Investment Arbitration and the Energy Charter Treaty. These chapters have been prepared by scholars of great distinction who include advocates of exceptional ability and reasoning. Their analytical skills in dissecting salient issues posed by the Energy Charter Treaty and investment arbitration will be apparent to the reader. The Energy Charter Treaty has great significance in the investment arbitration world. This emerging interest came as a result not only of the arbitral awards recently rendered under the ECT, but also of recently initiated and highly visible arbitral proceedings. In relation to the investment chapter of the Treaty, there have already been a number of cases brought by private investors to international arbitration. The first award issued under the Energy Charter Treaty was rendered under the auspices of the Arbitration Institute of the Stockholm Chamber of Commerce in December 2003. The number of arbitrations under the Treatywill surelygrow in the years to come. In sum, Investment Arbitration and the Energy Charter Treaty will be an essential tool and resource for anybody working with the Energy Charter Treaty in particular and investment arbitration in general. Contributors: *Karl-Heinz Böckstiegel, Independent Arbitrator *Graham Coop, General Counsel, Energy Charter Secretariat *Hans Corell, UN Under-Secretary-General for Legal Affairs and Legal Counsel *Bernardo M. Cremades, Senior Partner, B. Cremades y Asociados, Madrid *Emmanuel Gaillard, Partner, Head of the International Arbitration Group, Shearman & Sterling LLP, Paris; Professor of Law, University of Paris XII *Laurent Gouiffès, Of Counsel, Allen & Overy, London and Paris *Richard Happ, Senior Associate, Luther Rechtsanwaltsgesellschaft mbH *Kaj Hobér, Partner, Mannheimer Swartling Advokatbyrå, Stockholm *Stephen Jagusch, Partner, Allen & Overy LLP, London *Gabrielle Kaufmann-Kohler, Professor, School of Law, Geneva University; Partner, Schellenberg Wittmer, Geneva *Sergei N. Lebedev, President, Maritime Arbitration Commission at the Chamber of Commerce and Industry of the Russian Federation, Moscow *Anatoly Martynov, Director General of the Centre for Trade Policy and Law, Moscow *Antonio R. Parra, Visiting Professor, Faculty of Laws, University College London *Michael Polkinghorne, Partner, White & Case, Paris *Christoph H. Schreuer, Professor of Law University of Vienna, School of Law, Department of International Law and International Relations, Vienna *Audley Sheppard, Partner, Clifford Chance LLP, London *Anthony Sinclair, Associate, Allen & Overy LLP, London *Christer Söderlund, Partner, Advokatfirman Vinge KB., Stockholm *Thomas W. Wälde, Professor & Jean Monnet Chair, CEPMLP, University of Dundee *Katia Yannaca-Small, Legal Advisor to the Investment Division, Directorate for Financial and Enterprise Affairs in the OECD, Paris