“Economic Activity in the Energy Sector” means an economic activity concerning the exploration, extraction, refining, production, storage, land transport, transmission, distribution, trade, marketing, or sale of Energy Materials and Products except those included in Annex NI, or concerning the distribution of heat to multiple premises.
(a) It is understood that the Treaty confers no rights to engage in economic activities other than Economic Activities in the Energy Sector.
(b) The following activities are illustrative of Economic Activity in the Energy Sector:
Mohammad Ammar Al-Bahloul v. The Republic of Tajikistan, SCC Case No. V (064/2008)
Partial Award on Jurisdiction and Liability, 2 September 2009, paragraph 135
Blusun S.A., Jean-Pierre Lecorcier and Michael Stein v. Italian Republic, ICSID Case No. ARB/14/3
Final Award, 27 December 2016, paragraph 263
Decision on Jurisdiction, Applicable law and Admissibility, 30 November 2012, paragraph 5.50
Energoalians TOB v. Republic of Moldova, UNCITRAL
Award, 23 October 2013, paragraph 225
Isolux Netherlands, BV v. Kingdom of Spain, SCC Case V2013/153
Award, 17 July 2016, paragraph 682
Petrobart Limited v. The Kyrgyz Republic, SCC Case No. 126/2003
Award, 29 March 2005, page 72