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Ukrainian Task Force organises a webinar on the role of the ECT in protecting Ukrainian energy companies and infrastructure

On 28 October 2022, the Task Force established within the Energy Charter Secretariat under the project “Cooperation for Restoring the Ukrainian Energy Infrastructure”, in collaboration with the Ministry of Energy of Ukraine and a Ukrainian law firm, organised the webinar “Energy Charter Treaty: Legal Tool for Protection of Ukrainian Energy Companies from Russian Military Hostilities.”

The webinar was dedicated to the issues of application of the Energy Charter Treaty (ECT) for recovering damages to the energy companies and the energy infrastructure following the full-scale invasion of the Russian Federation in the territory of Ukraine, with a view to post-conflict restoration. The speakers at the webinar included the representatives of the Task Force, the Secretariat, and legal practitioners. The webinar gathered more than 70 representatives of state-owned and private Ukrainian energy companies.

Mr Yuriy Pochtovyk, Junior Legal Official at the Secretariat, discussed the key substantive provisions of the ECT relevant to the physical protection of investments, as well as the arbitral jurisprudence on the application of investment protection and dispute settlement provisions of the ECT to the Russian Federation.

Given that significant foreign investments are required to restore Ukrainian energy infrastructure, it was also stressed that the modernised text of the ECT could be an important element for facilitating post-conflict investments in Ukraine. The draft text of the modernised ECT is expected to be adopted by the Energy Charter Conference on 22 November 2022.

The general objective of the project “Cooperation for Restoring the Ukrainian Energy Infrastructure” is to assist the Government of Ukraine in the cost-effective restoration of energy infrastructure, taking into account the clean energy transition while ensuring energy security. The project is funded by the European Commission and implemented by the Energy Charter Secretariat.