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Conference: 10 years of Energy Charter arbitration

On 9-10 June 2011, the Energy Charter Secretariat co-hosted, with the Stockholm Chamber of Commerce (SCC) and the International Centre for Settlement of Investment Disputes (ICSID), a conference on 10 years of Energy Charter Treaty Arbitration in Stockholm. This event was the fourth in what has become a bi-annual series: the first conference took place in Stockholm in 2005, followed by conferences in Washington D.C. in 2007 and in Brussels in 2009. The next investment arbitration conference is already being planned to take place Washington D.C. in 2013.

This is the tenth year since the first investor-state arbitration was initiated under the Energy Charter Treaty. The conference drew from the experience of the first 10 years of Energy Charter Treaty arbitration, analysing the awards and decisions rendered, and discussing recent developments in investment treaty arbitration of particular importance.

The second part of the conference provided a glimpse into the future. What issues will be at the forefront of energy investment arbitration in the next 10 years? How should stakeholders position themselves to maintain a proactive approach to future challenges for energy investment in general and energy investment arbitration in particular? Potential conflicts between investment treaties and EU law were also addressed by an international panel of specialists.

The two-day conference was opened by H.E. Ambassador Frank Belfrage, Swedish State Secretary for Foreign Affairs, and closed by Mr. Ulf Franke, former SCC Secretary General. The Energy Charter Secretariat was represented at this event by the General Counsel, Mr. Graham Coop, who delivered welcome remarks and chaired three of the six sessions. Ms. Noriko Yodogawa and Dr. Sedat Çal also attended the conference on behalf of the Secretariat.