Energy Charter Treaty Arbitration Proceedings

Summary

This practice note explains how you and your clients may pursue arbitration under the Energy Charter Treaty (ECT). As the ECT offers the premier ways for your clients to protect themselves in international energy project development, it is important for you to understand the background of the treaty, its provisions, general hurdles to arbitration under the treaty, and the main protections and causes of action which can be raised under the treaty. While international investment in energy projects is never without risk, if you help your clients preplan by documenting their expectations and the assurances given by the project's host government, they will be well-prepared should conflict arise.