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See detailEU Law and the ECT as Distinct and Separate Legal Regimes: A Case Comment on Eskosol v Italy, Decision on Request for Immediate Termination and Jurisdictional Objection Based on the Inapplicability of the ECT to Intra-EU Disputes, 7 May 2019
Happold, Matthew UL

in ICSID Review (2021), 36(2), 278-285

This case comment examines the decision of the tribunal in Eskosol v Italy rejecting the respondent’s jurisdictional objections based on the inapplicability of the Energy Charter Treaty to intra-EU ... [more ▼]

This case comment examines the decision of the tribunal in Eskosol v Italy rejecting the respondent’s jurisdictional objections based on the inapplicability of the Energy Charter Treaty to intra-EU disputes. In particular, it examines the tribunal's construction of a division between EU law and the ECT, emphasizing the separate and distinct characters of the two regimes, with the twin ambitions of making intra-EU arbitration under the ECT less objectionable from an EU law perspective while maintaining the autonomy of ECT arbitral tribunals. Whether the tribunal's first objective is feasible, however, is doubted and the extent to which intra-EU arbitration under the ECT has a future questioned. [less ▲]

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See detailInvestor–State Dispute Settlement using the ECOWAS Court of Justice: An Analysis and Some Proposals
Happold, Matthew UL

in ICSID Review (2019), 34(2), 496518

In the light of increasing discontent with arbitration as a method of investor–State dispute settlement (ISDS), alongside proposals for the establishment of court systems for the settlement of such ... [more ▼]

In the light of increasing discontent with arbitration as a method of investor–State dispute settlement (ISDS), alongside proposals for the establishment of court systems for the settlement of such disputes, this article suggests that such a mechanism might already be available for West African States in the form of the Court of Justice of the Economic Community of West African States (ECOWAS). The ECOWAS Court of Justice, the article shows, can already deal with a variety of investor–State disputes, while reforms are suggested to extend its investment jurisdiction and render it more effective. Such initiatives, it argues, would assist in developing African States’ role as ‘investment rule makers’ rather than ‘rule takers’, as well as further ECOWAS’s mission to promote economic integration within West Africa. [less ▲]

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See detailParallel Litigation and Foreign Investment Dispute Settlement
Cuniberti, Gilles UL

in ICSID Review (2006)

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