Conflict Resolution Centre


In 2014 the Energy Charter Conference mandated the Secretariat to assist with good offices, mediation and conciliation, as well as to provide neutral, independent legal advice and assistance in dispute resolution and participate in pre-trial proceedings between Contracting Parties (before they revert to the mechanisms contained in Art. 27 ECT or Annex D). As a result, the Secretariat established the Conflict Resolution Centre. The Centre provides assistance and support in connection with:

     - Environmental disputes between Contracting Parties

     - Trade disputes between Contracting Parties at least one of which is not a party to the GATT / WTO. In particular, assisting panels and providing secretarial and technical support.

     - Application of the Early Warning Mechanism or the Transit Conciliation mechanism

     - Good offices and mediation in relation to investment disputes or to disputes between Contracting Parties regarding the interpretation or application of the Treaty

A hearing facility, comprised of a hearing room and two breakout rooms, is available at the International Energy Charter headquarters in Brussels. 

On 20 November 2019, the Secretariat and the Permanent Court of Arbitration (PCA) signed a Memorandum of Understanding on mutual cooperation between both institutions. 

In February 2021, the Secretariat and the International Centre for Settlement of Investment Disputes signed an Agreement on General Arrangements between the two institutions.

 

This publication contains main provisions and instruments related to the the conflict prevention and dispute resolution. In particular : 

- Settlement of disputes between Contracting Parties: General

- Settlement of disputes between Contracting Parties: Competition and Environmental Issues

- Settlement of disputes between Contracting Parties: Trade

- Settlement of disputes between Contracting Parties: Transit 

  • Model Energy Charter Early Warning Mecanism (CCDEC 2014 (14) TTG 26 November 2014)
  • Transit Conciliation Rules and Commentary (CCDEC 2016 (7) TTG 20 June 2016)

- Settlement of Disputes with Investors

  • Guide on Investment Mediation (CCDEC2016 (12) INV, 19 July 2016)

- Guidelines for accession to the Travaux Preparatoires of the Energy Charter Treaty