With regard to trade in Energy Materials and Products governed by Article 29, that Article specifies the provisions relevant to the subjects covered by Articles 22 and 23.
(1) Each Contracting Party shall ensure that any state enterprise which it maintains or establishes shall conduct its activities in relation to the sale or provision of goods and services in its Area in a manner consistent with the Contracting Party’s obligations under Part III of this Treaty.
(2) No Contracting Party shall encourage or require such a state enterprise to conduct its activities in its Area in a manner inconsistent with the Contracting Party’s obligations under other provisions of this Treaty.
(3) Each Contracting Party shall ensure that if it establishes or maintains an entity and entrusts the entity with regulatory, administrative or other governmental authority, such entity shall exercise that authority in a manner consistent with the Contracting Party’s obligations under this Treaty.
(4) No Contracting Party shall encourage or require any entity to which it grants exclusive or special privileges to conduct its activities in its Area in a manner inconsistent with the Contracting Party’s obligations under this Treaty.
(5) For the purposes of this Article, “entity” includes any enterprise, agency or other organisation or individual.
Mohammad Ammar Al-Bahloul v. Republic of Tajikistan, SCC Case No. V064/2008
Partial Award on Jurisdiction and Liability, 2 September 2009, paragraphs 170-174; 269
Limited Liability Company Amto v. Ukraine, SCC Case No. 080/2005
Award, 26 March 2008, paragraphs 111-112
Nykomb Synergetics Technology Holding AB v. The Republic of Latvia, SCC
Award, 16 December 2003, paragraphs 2.3; 4-2
Petrobart Limited v. The Kyrgyz Republic, SCC Case No. 126/2003
Award, 29 March 2005, page 77
Plama Consortium Limited v. Republic of Bulgaria, ICSID Case No. ARB/03/24
Decision on Jurisdiction, 8 February 2005, paragraph 302