In the event of a conflict between the treaty concerning Spitsbergen of 9 February 1920 (the Svalbard Treaty) and the Energy Charter Treaty, the treaty concerning Spitsbergen shall prevail to the extent of the conflict, without prejudice to the positions of the Contracting Parties in respect of the Svalbard Treaty. In the event of such conflict or a dispute as to whether there is such conflict or as to its extent, Article 16 and Part V of the Energy Charter Treaty shall not apply.
Where two or more Contracting Parties have entered into a prior international agreement, or enter into a subsequent international agreement, whose terms in either case concern the subject matter of Part III or V of this Treaty,
(1) nothing in Part III or V of this Treaty shall be construed to derogate from any provision of such terms of the other agreement or from any right to dispute resolution with respect thereto under that agreement; and
(2) nothing in such terms of the other agreement shall be construed to derogate from any provision of Part III or V of this Treaty or from any right to dispute resolution with respect thereto under this Treaty,
where any such provision is more favourable to the Investor or Investment.
Award, 23 September 2010, paragraphs 7.6.7-7.6.12
Award, 15 June 2018, paragraphs 216; 224
Blusun S.A., Jean-Pierre Lecorcier and Michael Stein v. Italian Republic, ICSID Case No. ARB/14/3
Final Award, 27 December 2016, paragraphs 286-289
Charanne and Construction Investments v. Spain, SCC Case No. V 062/2012
Award, 21 January 2016, paragraphs 438-439
Award, 4 May 2017, paragraphs 201-202
Electrabel S.A. v. Republic of Hungary, ICSID Case No. ARB/07/19
Decision on Jurisdiction, Applicable law and Admissibility, 30 November 2012, paragraphs 4.175-4.176; 4.191
Greentech AS and others v Spain, SCC Arbitration V (2015/150)
Partial Dissenting Opinion of Raul Vicuesa, 30 October 2018, paragraphs 17-18
Masdar Solar & Wind Cooperatief U.A. v. Kingdom of Spain, ICSID Case No. ARB/14/1
Award, 16 May 2018, paragraph 332; 340
Award, 15 February 2018, paragraph 463
Decision on Jurisdiction, 6 June 2016, paragraphs 75-76
Vattenfall A.B and others v. Federal Republic of Germany, ICSID Case No. ARB/12/12
Decision on the Achmea Issue, 31 August 2018, paragraphs 192-196; 216; 223-227