As of 1 December 2021, the Secretariat is aware of 145 investment arbitration cases instituted under the Energy Charter Treaty (sometimes invoked together with a bilateral investment treaty). A full list with information is available here
Since parties to investment arbitration under Article 26 ECT are not obliged to notify the Secretariat of the existence or substance of their dispute, some awards (and even the existence of some proceedings) remain confidential. The Secretariat compiles information (which cannot be considered as exhaustive) from delegates and public sources (including specialized reporting services such as Global Arbitration Review (GAR), Investment Arbitration Reporter (IAReporter) and ItaLaw). The Secretariat assumes no responsibility for eventual errors or omissions in these data and welcomes any additional information or clarification on specific cases (at legalaffairs@encharter.org or using the online contact form). Some case reports prepared by TDM/IACL can be found here.
> Arbitrator appointed by Respondent :
Francisco Orrego Vicuña
> Invoked instruments :
ECT and BIT
> Case status :
Settlement agreed
> Year of the award or agreement :
2002
> Year of registration :
2002
>Subject matter of the dispute: Claims arising out of Hungary's alleged failure to comply with a power purchase and sale agreement of certain State-owned power facilities
>Subject matter of the dispute: Claims arising out of a dispute over the purchase price to be paid under a contract entered into between claimant's subsidiary and a State enterprise for the building of a cogeneration plant
>Amount claimed: LVL 7,097,680 + specific performance
>Amount awarded: LVL 1,600,000 + specific performance
> Valuation method: discretionary amount
> Interest rate: "prevailing interest rate" in Latvia
>Costs of arbitration: EUR 253,523
>Award legal costs: Claimant was awarded SEK 2,000,000
>Award costs of arbitration: Parties share costs equally
>Subject matter of the dispute: Claims arising out of the public authorities' and agencies' alleged damage to the operation of the investor's oil refinery, as well as their refusal or delay in adopting adequate corrective measures
>BIT invoked: Bulgria-Cyprus BIT
>Amount claimed:USD 146,120,152
>Amount awarded: ZERO
>Costs of arbitration:EUR 253,523
>Award legal costs: USD Respondent was awarded 7,460,000
>Award costs of arbitration: Costs follow the award
> Subject matter of the dispute: Claims arising out of the non-payment of certain deliveries under the gas supply contract, followed by the stay of execution of a debt judgment in favour of the claimant, and a presidential decree pursuant to which the investor's contractual counterparty was restructured and subsequently declared bankrupt
>Amount claimed:USD 4,084,652.20
>Amount awarded: USD 1,130,859
> Valuation method: discretionary amount
>Interest rate: UNIDROIT Principles of International Commercial Contracts
>Costs of arbitration: EUR 147,774 + SEK 16,458
>Award legal costs: Each party bears its own legal costs
> Award costs of arbitration: Parties share costs equally
> Related award: On 13 February 2003 an arbitral tribunal constituted under the UNCITRAL Rules rendered its award on the basis of the Kyrgyz Foreign Investment Law. The award was partially annulled by the Swedish Supreme Court in 2008. This award is not related to the ECT.
> Arbitrator appointed by Respondent :
Anthony Mason
> Invoked instruments :
ECT and BIT
> Case status :
Settlement agreed
> Year of the award or agreement :
2006
> Year of registration :
2004
>Subject matter of the dispute: Claims arising out of disagreements between the investor and local authorities over works to be performed under a contract for the refurbishment of a thermal electric station
>Subject matter of the dispute:Government's decree cancelling the concession rights of an investment vehicle, in which the investor held interests, devoted to the development of an oil pipeline to transport oil and gas from Azerbaijan to the Black Sea
>Subject matter of the dispute:Claims arising out of the bankruptcy of the Zaporozhskaya nuclear power plant and its default under contracts to claimant's subsidiary for maintenance works carried out at such plant; particularly, the alleged prevention by Ukrainian bankruptcy law and the conduct of these bankruptcy proceedings from enforcing several court orders obtained by claimant's subsidiary against the State-owned company
>Amount claimed: EUR 15,594,096
>Amount awarded: ZERO
>Costs of arbitration: EUR 371,175.75
>Award legal costs: Each party bears its own legal costs
>Award costs of arbitration: Each party bears its own legal costs