ICSID tribunal further clarifies hierarchy between EU law and ECT in investor-state energy disputes | Practical Law

ICSID tribunal further clarifies hierarchy between EU law and ECT in investor-state energy disputes | Practical Law

In Electrabel SA v the Republic of Hungary (ICSID Case No. Arb/07/19), an ICSID tribunal considered the relationship between EU law and the Energy Charter Treaty (ECT), with respect to states who ratified the ECT prior to acceding to the EU. The tribunal's award addresses questions relating to the jurisdiction of arbitral tribunals in relation to alleged breaches of the ECT by EU member states, the applicable law of the dispute, in particular the position where there is a conflict between the ECT and EU law, and the liability of the parties.

ICSID tribunal further clarifies hierarchy between EU law and ECT in investor-state energy disputes

Practical Law UK Legal Update Case Report 1-523-2546 (Approx. 7 pages)

ICSID tribunal further clarifies hierarchy between EU law and ECT in investor-state energy disputes

by Maguelonne de Brugiere, Herbert Smith Freehills LLP
Published on 19 Dec 2012 • European Union, International
In Electrabel SA v the Republic of Hungary (ICSID Case No. Arb/07/19), an ICSID tribunal considered the relationship between EU law and the Energy Charter Treaty (ECT), with respect to states who ratified the ECT prior to acceding to the EU. The tribunal's award addresses questions relating to the jurisdiction of arbitral tribunals in relation to alleged breaches of the ECT by EU member states, the applicable law of the dispute, in particular the position where there is a conflict between the ECT and EU law, and the liability of the parties.