Following the recent initiation of arbitral proceedings in Fin.Doc S.r.l. and others v. Romania and Encavis and others v. Italy, the total number of investment disputes under the Energy Charter Treaty (ECT) that concern renewable energy sources is now 80 (approx. 60%). Majority of all investment disputes under the Treaty are brought by small or medium enterprises (approx. 60%).
Information about the claims has been compiled on the basis of public sources, including specialised reporting services. Since 2001, when the first case invoking the ECT was registered, the Energy Charter Secretariat tracked 134 publicly known investment arbitration cases where the ECT was invoked (sometimes together with a bilateral investment treaty). The ECT remains the most frequently invoked international investment agreement.
The Secretariat welcomes any additional information or clarification on specific cases at email@example.com.
Since 2013 the Energy Charter Secretariat has been actively promoting the use of good offices and mediation for the settlement of investment disputes under the ECT. In 2016, the Energy Charter Conference endorsed a Guide on Investment Mediation (prepared in cooperation with the International Mediation Institute, SCC, PCA, ICSID, ICC, and UNCITRAL) and encouraged Contracting Parties to consider to use mediation on voluntary basis as one of the options at any stage of the dispute to facilitate its amicable solution and to consider the good offices of the Energy Charter Secretariat. The Conference also welcomed the willingness of the Contracting Parties to facilitate effective enforcement in their Area of settlement agreements with foreign investors in accordance with the applicable law and the relevant domestic procedures. The same year 2016, the Secretariat established a Conflict Resolution Centre to provide assistance and support in connection with good offices and mediation in relation to investment disputes or to disputes between Contracting Parties regarding the interpretation or application of the Treaty. In 2018, the Energy Charter Conference approved the Model Instrument on Management of Investment Disputes together with its Explanatory Note. The Model Instrument could be used by States for implementing their own domestic framework or as a guidance in relation to legal and practical issues that need to be considered for an effective and comprehensive management of international investment disputes (including an effective use of negotiation, mediation and conciliation).
Statistics - Cases under the Energy Charter Treaty - as of 9 October 2020