In 2014 the Energy Charter Conference mandated the Secretariat to the 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 a Conflict Resolution Centre chaired by the General Counsel, Dr Alejandro Carballo. 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.
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
- Settlement of Disputes with Investors
- Guidelines for accession to the Travaux Preparatoires of the Energy Charter Treaty