TY - JOUR
T1 - The Impact of ECJ Judgments on Investment Arbitration Under the 1994 Energy Charter Treaty: A Particular reference to the ECJ ruling on Achmea Case of March the 6th of 2018
T2 - أثر أحکام محکمة العدل الأوروبية على التحکيم الاستثماري بموجب معاهدة ميثاق الطاقة لعام 1994: إشارة خاصة إلى قرار محکمة العدل الأوروبية بشأن قضية Achmea في 6 مارس 2018
AU - Abdelhadi, Mohamed
AU - Almahjoub, Abdullah
PY - 2021/10/16
Y1 - 2021/10/16
N2 - framework for the stimulation of multilateral energy cooperation. It is one of the frequently invoked trade treaties in multinational arbitration cases. As a result, numerous landmark judicial decisions on investment arbitration have been made, including the Achmea Case decision of March the 6th of 2018. Nevertheless, most of these rulings, including the Achmea Case decision, tend to uphold European laws at the expense of the Energy Charter Treaty (ECT), thereby raising questions on the relevance of the treaty in European arbitration frameworks. Consequently, these judgments are likely to be having a considerable impact on energy cooperation and investment between State parties. This study however, aims to discuss the existence of any possible impacts of the European Court of Justice judgments on the question of investment arbitration under the ECT, with particular reference to the effects of the Achmea Case decision as well as its implications on the future trade and investment agreements.
AB - framework for the stimulation of multilateral energy cooperation. It is one of the frequently invoked trade treaties in multinational arbitration cases. As a result, numerous landmark judicial decisions on investment arbitration have been made, including the Achmea Case decision of March the 6th of 2018. Nevertheless, most of these rulings, including the Achmea Case decision, tend to uphold European laws at the expense of the Energy Charter Treaty (ECT), thereby raising questions on the relevance of the treaty in European arbitration frameworks. Consequently, these judgments are likely to be having a considerable impact on energy cooperation and investment between State parties. This study however, aims to discuss the existence of any possible impacts of the European Court of Justice judgments on the question of investment arbitration under the ECT, with particular reference to the effects of the Achmea Case decision as well as its implications on the future trade and investment agreements.
KW - Investor-State dispute; Energy Charter Treaty; Intra-EU treaties; Investment arbitration
U2 - 10.21608/ijdjl.2021.73928.1077
DO - 10.21608/ijdjl.2021.73928.1077
M3 - Article
JO - المجلة الدولیة للفقه والقضاء والتشریع
JF - المجلة الدولیة للفقه والقضاء والتشریع
ER -