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Mudliar, Apurva --- "SUBROGATION" [2018] ELECD 1548; in Leal-Arcas, Rafael (ed), "Commentary on the Energy Charter Treaty" (Edward Elgar Publishing, 2018) 242

Book Title: Commentary on the Energy Charter Treaty

Editor(s): Leal-Arcas, Rafael

Publisher: Edward Elgar Publishing

ISBN: 9781788117487

Section: ARTICLE 15

Section Title: SUBROGATION

Author(s): Mudliar, Apurva

Number of pages: 3

Abstract/Description:

Article 15 of the ECT contains the subrogation clause which provides for the transfer of rights that foreign investors might have vis-à-vis the host country to the insurance agency of the home State (or the home State itself) which indemnifies the foreign investor under an investment insurance or guarantee. By virtue of Article 15, the host party is obliged to recognise assignment of all the rights and claims to the indemnifying party. The indemnifying party shall receive the same treatment and the same payments due pursuant to those rights and claims as the investor (party indemnified) was entitled to receive by the ECT in respect of the investment concerned under all the circumstances. Also, the contracting Party is not allowed to assert the received indemnification pursuant to an investment insurance or guarantee as a defence, counterclaim, right of set-off in any proceeding under Article 26.