Earlier this year, the think tank Climate Change Counsel (“CCC”) undertook a major study on the Energy Charter Treaty (1994) (“ECT”). The aim of the research was to understand the impact of the ECT in relation to climate change and the energy transition. To this end, CCC analysed ECT-related jurisprudence, compiling a comprehensive review of 64 out of 75 known arbitral awards rendered under the ECT before 3 August 2021. The analysis showed that by and large, climate change issues have not been at the forefront of the discussion during ECT arbitration proceedings to date. However, as States begin phasing out fossil fuels to meet their commitments under the Paris Climate Agreement, potentially triggering claims by fossil fuel companies against this State action (“phase out cases”), this could all change.
|Media of output||Blog|
|Publication status||Published - 3 Oct 2022|