New formats of dispute resolution within the Energy Community

Slides:

Advertisements

Similar presentations

4th Poverty Reduction Strategies Forum Athens, June 27 th, 2007 Regional Energy market in Southeast Europe: Prospects and challenges for the SEE countries.

Advertisements

1 COURT OF ARBITRATION FOR SPORT by Felix Majani University of Tillburg, Spring Semester 2010.

An Introduction to ICSID Process Workshop on ISDS provisions in the EU's International Investment Agreements European Parliament Meg Kinnear ICSID.

Dispute Settlement Services offered by the WIPO Arbitration and Mediation Center Heike Wollgast, WIPO Arbitration and Mediation Center.

EU and Russia energy trade: impact of WTO, transit and integrated economic areas Yulia Selivanova Trade expert, Energy Charter Secretariat The first EU-Russian.

Mediating Corporate Governance Disputes An international Experts Workshop organised by the Global Corporate Governance Forum Mediation and Arbitration.

International Law: Unit 5 Dispute Resolution Mr. Morrison Fall 2005.

Prof. GAO yongfu Shanghai University of International Business and Economics May 16-17, 2013.

© OECD A joint initiative of the OECD and the European Union, principally financed by the EU CONCESSIONS IN TURKISH LAW İbrahim BAYLAN Legal Adviser Public.

The judicial system in Albania The judicial power is exercised by the courts of first instance, the courts of appeal and the High Court. Courts may be.

______________________________________________________________ 1 Who are OGP? International Association of Oil & Gas Producers: - Exploration and production.

WIPO ARBITRATION AND MEDIATION CENTER 1 Ignacio de Castro WIPO Arbitration and Mediation Center February, 2008 Arbitration of Intellectual.

Commercial Frameworks for Energy Investment Regional Issues and Cooperation Mahama Kappiah ECOWAS Commission May 2008.

3 November 2005 GIE Conference Gas Market Developments in SEE Balázs SÁNDOR Chairman GIE ECSEE Study Group Athens - 3 November 2005.

PART FOUR – COMMERCIAL LEGISLATION in the UAE Legislative Structures affecting business in the UAE: An Overview Ch 16.

Conflict Resolution.

EXTRAJUDICIAL SETTLEMENT OF CONSUMERS DISPUTES IN DOMAIN OF FINANCIAL SERVICES – EU AND CROATIA Prof. Čulinović-Herc, Edita PhD University of Rijeka, Faculty.

Introduction to Mediation. Alternative Dispute Resolution Negotiation Negotiation Arbitration Arbitration Mediation Mediation.

Recent Developments in Arbitration in Sweden November 21st 2013 Joel Dahlquist, Associate Counsel.

September 23, 2011 World Bank Annual Meetings International Law Institute CSO Forum ICSID Arbitration Paul-Jean Le Cannu Counsel - ICSID.

Second Annual Forum of Developing Country Investment Negotiators 2-4 November 2008 Marrakech Investor-State Arbitration Khalil Hamdani South Centre Background.

1 SECURITY OF SUPPLY IN THE CONTEXT OF THE ENERGY COMMUNITY Energy Community Secretariat VISION OF EUROPEAN SERBIA International Conference organized by.

تقديم وسائل تسوية المنازعات Presentation of dispute settlement means.

Key Issues (and Concerns) of Foreign Investors in the Energy Sector Protection under Investment Treaties Willibald Plesser 9 June 2008, Tirana.

The ECT and Dispute Settlement of Transnational Energy Pipelines Prof. Dr. Yang Zewei Law School, Wuhan University P.R. China.

1 THE THIRD ENERGY PACKAGE – THE ENERGY COMMUNITY APPROACH Energy Community Secretariat 20 th Forum of the Croatian Energy Association and WEC National.

Niki K. Kerameus November 17, 2014 Cyprus Arbitration and Mediation Centre Is there a Role for Arbitration in the Development of the Rule of Law? A Comparison.

Prof. Andrea Moja Academic year 2011/2012 LIUC University – Castellanza 1.

Negotiating & Drafting International Arbitration Agreements Christopher R. Drahozal John M. Rounds Professor of Law University of Kansas School of Law.

THE SUSTAINABLE COMMUNITIES & HOUSING COMMITTEE MULTI-UNIT DEVELOPMENTS ACT 2011 IMPLEMENTATION Dispute Avoidance - Dispute Resolution: Statutory, Contractual,

Third Party Alternative Dispute Resolution. Alternative Dispute Resolution (ADR)?  It involves the application of theories, procedures, and skills designed.

The 3rd package for the internal energy market Key proposals EUROPEAN COMMISSION Heinz Hilbrecht Directorate C - Security of supply and energy markets.

Principles of International Commercial Arbitration Allen B. Green McKenna Long & Aldridge, LLP.

The basic Legal Aspects of Public Private Partnerships (PPPs) by Alexander Lykourezos Lykourezos Law Offices 1 st ARAB-GREEK ECONOMIC FORUM Athens, September.

0 The United Nations Economic Commission for Europe (UNECE) PPP Alliance “Establishing Successful PPPs in Europe: An Overview” First International Conference.

Sir Peter Cresswell.  London - a leading centre for dispute resolution ◦ Highly competitive international market ◦ No reason for complacency  A full.

华南国际经济贸易仲裁委员会（深圳国际仲裁院）. Recent Development of Arbitration In China June 26, 2014 Latvia Recent Development of Arbitration In China Ms. ZHOU Juan Arbitrator,

Offshore pipelines as an investment under the Energy Charter Treaty Nikolaos Giannopoulos Phd Candidate, University of Athens.

International Commercial Arbitration Presentation University of Oslo Giuditta Cordero-Moss, Ph.D., Dr.Juris Professor, Oslo University.

Introduction About UNCITRAL Working methods

Ι. PREAMBLE European Atomic Energy Community (EURATOM) Established on the 25/03/1957 at the same time as the Treaty establishing the European Community.

Disclaimer: Non-binding discussion document. This paper does not represent the views of any Party. Energy for Europe.

PUA Annual Conference The Energy Charter Jerusalem 30 November 2015 Ernesto Bonafé Regulatory expert Energy Charter Secretariat.

- 11 June Anna Constable Adviser Internal Market BUSINESSEUROPE The Confederation of European Business Meeting with Norwegian delegation A. Constable.

The Eurasian Electricity Market – Ideas for Intergovernmental Co-Operation/Waern1 -The Eurasian Electricity Market - Ideas for Intergovernmental Co-Operation?

The ICT Sector – Key to Economic Progress and Prosperity in South Eastern Europe Michael Mozur Deputy Special Coordinator of SP New Paths for Regional.

Energy Community Secretariat Committee on Industry, Research and Energy, European Parliament Energy Community Activities and Outlook for the Future Brussels,

M O N T E N E G R O Negotiating Team for the Accession of Montenegro to the European Union Working Group for Chapter 30 –External Relations Bilateral screening:

The UNCITRAL Model Law on International Commercial Arbitration: 25 Years 4 June 2010 “The Influence of the UNCITRAL Model Law in Hong Kong and China”

An introduction to the IPPC Dispute Avoidance and Settlement System IPPC Secretariat Regional IPPC Workshop 2015.

ROMANIA NATIONAL NATURAL GAS REGULATORY AUTHORITY Public Service Obligations in Romanian Gas Sector Ligia Medrea General Manager – Authorizing, Licensing,

Charles University – Law Faculty October 2012 © Peter Kolker 2012 Class III

0 Cross-Strait Bilateral Investment Protection and Promotion Agreement Investment Commission, MOEA Executive Secretary Mr. Fan Liang-Tung.

1 TREATY ESTABLISHING THE ENERGY COMMUNITY - A WAY FORWARD Slavtcho Neykov ENERGY COMMUNITY SECRETARIAT Vienna/AUSTRIA.

Disputants may use mediation in a variety of disputes, such as:

Seminar on EU Service Directive Budapest, 3 May 2007 Thibaut Partsch

ecbi european capacity building initiative

ALTERNATIVE DISPUTE RESOLUTION

The 3rd package for the internal energy market

Template for country interventions (5 min)

Multilateral reform of ISDS: Possible paths forward

legalize energy! exporting eu law to the ECA region

University of Warwick – GLOBE Seminar – 24 October 2017

CESEC Energy Community Project Monitoring

Alternative Dispute Resolution

BUSINESSEUROPE The Confederation of European Business

BCDR-AAA/SCC Joint Conference

Global Business & Legal Issues

An Introduction to ICSID Process Workshop on ISDS provisions in the EU's International Investment Agreements European Parliament Meg Kinnear ICSID.

Introduction to Mediation

Presentation transcript:

New formats of dispute resolution within the Energy Community Legal Energy Forum Kiev, 30 November 2016 Legal Energy Forum

The Energy Community Extends the EU internal energy market to South East Europe, the Black Sea region and beyond Provides a stable investment environment based on the rule of law Creates an integrated pan-European market Contributes to security of supply in wider Europe Enforcement and settlement of disputes Legal Energy Forum

Dispute Settlement in the Energy Community A dispute settlement procedure which resembles EU’s infringement procedure Dispute settlement rules revised by the Ministerial Council in October 2015 The rules provide for a three-step procedure Opening Letter Reasoned Opinion Reasoned Request The Contracting Party has ample opportunities to be heard throughout the procedure BUT no possibility to resolve disputes between private parties Legal Energy Forum

The Missing Link Dispute settlement framework: what is available for aggrieved parties in energy disputes? European Charter Treaty ICSID Convention Ad-hoc investment arbitration, etc Investment arbitration has its shortcomings Proceedings take years Very costly for both claimants and responding states Available for a select club of big companies Business relation is usually terminated Legal Energy Forum

The Dispute Resolution and Negotiation Centre Even before the Centre was established, ECS has been successfully settling disputes: CEZ v Albania EVN v Macedonia Gas Natural Fenosa v Moldova Legal Energy Forum

The Dispute Resolution and Negotiation Centre Established in October 2016, already operational Three pillars: mediation of investor-state disputes negotiation support to national authorities in their negotiations with private parties facilitation of the swift closure of dispute settlement cases under the Energy Community Treaty via tailor-made negotiation and mediation facilities. Legal Energy Forum

The Dispute Resolution and Negotiation Centre Very low (if at all) costs In-house expertize (legal, technical and economical) Panel of internationally reputed mediators Flexible approach, but respect for the rule of law Fair and transparent process Emphasis on preserving the business relationship mitigating the costs and damages of disputes stability of the energy markets Legal Energy Forum

A Dispute Resolution and Negotiation Centre in the heart of Europe Am Hof, Level 5 1010 Vienna Austria Legal Energy Forum

Thank you for your attention! www.energy-community.org Legal Energy Forum