The ECT was established to address the legal challenges that arise in cross-border investment in the energy sector. It provides a multilateral framework for energy cooperation that is unique under international law. The ECT was designed to promote energy security through the operation of more open and competitive energy markets, while also respecting the principles of sustainable development and sovereignty over energy resources.
On September 11, 2018, the International Centre for Settlement of Investment Disputes (ICSID) hosted the Energy Charter Treaty Forum in Paris. The event was jointly organised by the Energy Charter Secretariat, International Centre for Settlement of Investment Disputes (ICSID), the Arbitration Institute of the Stockholm Chamber of Commerce (SCC) and the Permanent Court of Arbitration(PCA).
The forum examined key issues in international dispute settlement through the lens of energy-sector arbitration and mediation. Leading arbitration practitioners, legal experts, academics and representatives from arbitral institutions explored:
- Advocacy in international arbitration involving energy disputes
- Settling investment disputes without tribunal rulings
- Damage calculations in international arbitration
- Cybersecurity in international arbitration and mediation
The event was opened by Frauke Nitschke, Senior Counsel and Team Leader at ICSID, who welcomed the participants and provided an overview of the ICSID cases instituted under the Energy Charter Treaty. Annette Magnusson, Secretary General of the SCC and Evgeniya Goriatcheva, Senior Counsel at the PCA, also welcomed the participants. The Energy Charter Secretary-General Dr Urban Rusnák, also made a welcome address to the conference participants in which he reviewed the evolution of the Energy Charter and explored modernization of the Energy Charter Treaty.
Stephen Jagusch of Quinn Emmanuel, London, delivered the keynote address in which he focused on advocacy in international arbitration in the energy sector. Mr. Jagusch subsequently moderated a panel consisting of Carole Malinvaud, Gide Loyrette Nouel, Paris; David Roney, Sidley Austin, Geneva; and Jakob Ragnwaldh, Mannheimer Swartling, Hong Kong. The panel discussed practical advocacy skills and shared tips for written and oral advocacy.
The subsequent panel on settlement of investment disputes without tribunal rulings was moderated by Frauke Nitschke of ICSID. The panelists, comprising of Barton Legum, Dentons, Paris; Joe Tirado, Garrigues, London; and Karl Mackie, CEDR, London, explored the timing, tools and strategies for successful settlements. The session also reviewed investment mediation and its potential to settle investment disputes. During the session, the Energy Charter Secretariat also briefed participants on its efforts to promote mediation and other amicable dispute settlement mechanisms through the “Guide on Investment Mediation”, and draft “Model Dispute Management Instrument”. Also highlighted were various trainings and events on investor-state mediation, including a forthcoming forum on Mediation in the GCC and the Development of Investor State Mediation, set to take place on 14 October 2018, in Abu Dhabi, the United Arab Emirates.
The first afternoon panel, moderated by Evgeniya Goriatcheva of the PCA, reviewed damages calculations in international arbitration. The panelists, Catherine Amirfar, Debevoise & Plimpton, New York; Alexis Maniatis, The Brattle Group, Washington, D.C.; and Alejandro López Ortiz, Mayer Brown, Paris, discussed various aspects of expert testimony and damage calculations. The panelists also presented the findings of the ICCA-ASIL Task Force on Damages in International Arbitration.
The final session on cyber-security in international arbitration and mediation was moderated by Iryna De Meyer of the Energy Charter Secretariat, and featured Brandon Malone, Brandon Malone & Company, Edinburgh; Kathleen Paisley, Ambos NBGO, Brussels; Maxi Scherer, WilmerHale, London; and Yoshihiro Takatori, Orrick, Tokyo, on the panel. The panelists discussed a range of issues related to cyber-security and data protection in international arbitration and mediation, and addressed practical inquiries from conference participants.
The Secretariat has procuced an event report of the forum.