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Dias Simões, Fernando --- "SETTLEMENT OF DISPUTES BETWEEN AN INVESTOR AND A CONTRACTING PARTY" [2018] ELECD 1559; in Leal-Arcas, Rafael (ed), "Commentary on the Energy Charter Treaty" (Edward Elgar Publishing, 2018) 338

Book Title: Commentary on the Energy Charter Treaty

Editor(s): Leal-Arcas, Rafael

Publisher: Edward Elgar Publishing

ISBN: 9781788117487

Section: ARTICLE 26

Section Title: SETTLEMENT OF DISPUTES BETWEEN AN INVESTOR AND A CONTRACTING PARTY

Author(s): Dias Simões, Fernando

Number of pages: 21

Abstract/Description:

This chapter analyses Article 26 of the Energy Charter Treaty, which regulates investor-state dispute resolution. Investors can trigger different dispute resolution mechanisms: submission of the dispute to the courts or administrative tribunals of the host state; execution of any previously agreed dispute settlement procedure; or referral of the dispute to international arbitration or conciliation. Investors can choose from a variety of arbitral fora and corresponding arbitration rules. As a rule, each contracting party gives its unconditional consent to the submission of a dispute to international arbitration. This broad scope of consent may, however, be limited in two situations: contracting states may declare that they do not consent to arbitration if the investor has already submitted the dispute to courts or administrative tribunals or in accordance with any previously agreed dispute settlement mechanism; and countries may opt out of international arbitration for disputes arising under the umbrella clause.