The Future of Investor-State Dispute Settlement under the Energy Charter Treaty


Investor-State Dispute Settlement (ISDS) under the Energy Charter Treaty (ECT) is at a crossroads. From one perspective, the ECT is a success story, as investors have relied on the treaty in over 130 ISDS proceedings. But with large awards piling up against member States, the ECT has come under scrutiny. Since 2018, the Energy Charter Conference has engaged in a modernization process of the substantive provisions of the ECT, which many observers believe will be crucial to the future of the ECT. Challenges have also come from other quarters, as some have questioned the availability of ISDS in intra-EU claims under the ECT. This virtual roundtable will take stock of the ongoing reform process and address the main debates that are likely to shape the future of ISDS under the ECT. Speakers include Amaia Rivas Kortazar, Chief of International Legal Affairs, Spanish Executive Resolution Authority (State Attorney formerly assigned to Spain’s International Arbitration Department); André von Walter, Team Leader, Legal Aspects of Trade and Sustainable Development and Investment, DG Trade, European Commission; Crina Baltag, Senior Lecturer in International Arbitration, Stockholm University; and Yuriy Pochtovyk, Legal Assistant, Energy Charter Secretariat. The event will be moderated by Simon Batifort, Partner, Curtis, Mallet-Prevost, Colt & Mosle, and Diana Tsutieva, Counsel, Foley Hoag (Co-Chairs of the ASIL Dispute Resolution Interest Group). This event is free of charge. Please register using the following link:

Date and Location

Friday, December 11, 2020 - 10:00am to 11:00am