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The Energy Charter Treaty to meet the Rising Demand for Energy Investments - Removing barriers, risks and resolving disputes

Hosted by the Stockholm Chamber of Commerce and jointly organised by the Stockholm Chamber of Commerce, the International Center for Settlement of Investment Disputes, the Energy Charter Secretariat and the Permanent Court of Arbitration

8 February 2016

Forum Report

On 8 February 2016, the Stockholm Chamber of Commerce hosted the Energy Charter Forum in Stockholm. The event was jointly organised by the Stockholm Chamber of Commerce, the International Center for Settlement of Investment Disputes, the Energy Charter Secretariat and the Permanent Court of Arbitration.

The Forum aimed at illustrating the Energy Charter Treaty as an effective international legal instrument to reduce barriers in the establishment of energy investments and as a risk reduction tool for the benefit of investors, financial institutions and host states. In addition, it aimed at raising awareness on amicable dispute settlement under the Energy Charter Treaty, with an initial discussion on the draft investment mediation guidelines.

During the day, the some 20 speakers from governments, institutions, leading energy companies and associations from all over the world, including the United Nations Conference on Trade and Development (UNCTAD) Deputy Secretary General Joakim Reiter, discussed the need of and ways to promote and finance energy investments, as well as the relevant role of the Energy Charter Treaty in doing so.

The four sessions included:

Opening Remarks

Opening remarks

Prof. Kaj Hobér
Chairman of the SCC Board 

Dr. Urban Rusnák
Secretary General, Energy Charter Secretariat (ECS) 

Ms. Milanka Kostadinova
Institutional team lead, International Centre for Settlement of Investment Disputes (ICSID)

Ms. Sarah Grimmer
Senior Legal Counsel, Permanent Court of Arbitration (PCA)

Panel 1

Panel 1: Promoting energy investment under ECT to meet growing energy needs

Thomas Gür, Journalist, Author

Mr. Guillermo Zúñiga Martínez
Commissioner at the Mexican Energy Regulatory Commission and Vice-President of the Iberoamerican Association of Energy Regulators

Ms. Han Wang
National Energy Administration, China

Dr. Morlaye Bangoura
Commissioner for Energy and Mines, ECOWAS

Mr. Dan Azoumi Maman Laouali
Deputy Secretary-General, Ministry of Energy and Petroleum, Niger

Panel 2

Panel 2: Non-discrimination treatment in the pre-investment phase

Andreas Hatzigeorgiou, Chief Economist, Stockholm Chamber of Commerce

Mr. Markus Burgstaller
Partner, Hogan Lovells London

Mr. Keiji Makino
Senior Fellow, Strategic Business Unit, Center for Strategic Information, Japan Coal Energy Center (JCOAL)

Mr. Daniel Radov
Nera Economic Consulting, Associate Director

Mr. Greg Kaser
World Nuclear Association, Senior Project Manager

Dr. Alejandro Carballo
Energy Charter Secretariat, Legal Counsel

Panel 3

Panel 3: The role of the Energy Charter Treaty in the financing of energy investments

David Kramer, Senior Policy Advisor International Energy Markets, Ministry of Economic Affairs, The Netherlands

Mrs. Shamali F. De Silva
Multilateral Investment Guarantee Agency (MIGA), Senior Counsel

Mr. Andrew T. Clarke
General Counsel, ExxonMobil International Limited

Dr. Matteo Barra
Energy Charter Secretariat, Investment Expert

Panel 4

Panel 4: Treaty efficiency: Remedies and dispute settlement mechanism

Annette Magnusson, SCC Secretary General

Prof. Tomoko Ishikawa
University of Tsukuba

Mr. Wolf Von Kumberg
International Mediation Institute

Ms. Maribel Rodriguez
Senior Associate, Cuatrecasas, Gonçalves Pereira

Mr. Christer Söderlund
Senior Counsel, Magnusson

Ms. Masako Takahata
Eurus Energy Holdings Corporation, General Counsel