The Energy Charter Treaty gives investors from one state party who invest in another the right to make a claim against the host state. The investor can make the claim by arbitration or in the host state’s courts. Most investors choose arbitration. But in Moldova v Komstroy the Court of Justice of the European Union said that arbitration is not available for investors from one EU member state with a claim against another EU member state. So what about a claim in the host state’s courts?
This is the subject of an Transnational Dispute Management’s latest issue: National Courts as a Forum for Resolution of Disputes under Article 26 Energy Charter Treaty, TDM 3 (2023), ably edited by John Gaffney, Dr iur Richard Happ, Lucia Raimanova, Anna-Maria Tamminen, and Dr Catharine Titi. I was delighted to have been asked to contribute a chapter on Irish Courts as a Forum for Resolution of Disputes under the Energy Charter Treaty. HERE IT IS.