Paul,
In the Silver Ridge arbitration, the verdict was essentially there was no case to answer so there was no discussion that I can see in the published documents regarding intra EU compatibility with ECT
In the Baywa arbitration - it looks like the claimants failed in proving any breach of the ECT. Perhaps the respondents didn't need the intra -EU issues as an argument.
I, however, have not studied the cases in detail . There could be a multitude of different reasons why these arbitrations have finished earlier than Rockhoppers
Mogger
Stevo,
Firstly, the italians (sic) have never sought to move the arbritation ( not case) to the Italian courts - because it is impossible to hear an international arbitration in a national court.
Secondly- you haver no idea how long it will take
Thirdly, ICSID have never had a case which started with both countries in the EU, but ended with one outside. Do you not think lawyers ( that might be thinking they are on the losing side ) might be trying absolutely everything, including waiting for opinions to be written to try and prolong the proceedings?
Any joy in giving me a link as to where you got your quantum figures from?
Mogger
Secondly
Paul,
Lots of ICSID cases are concluding all the time. Not all of them are between two EU countries (at the time) and under the ECT. I'll check to see if any have if I get a chance later....unless you already know of one?
Mogger
Ralph,
You are obviously having problems with your reading today.
Belgium are looking for an opinion from the court on the draft new ECT. However because the changes in the section about intra EU cases are minor, the lawyers will use this opinion as argument for the current ECT.
It isn't that difficult to understand is it?
Mogger
Ralph,
As usual you are wrong
"While the Belgian request concerns the modernized EU draft of the ECT, the findings of the CJEU will have major implications for the current ECT as the ISIDS-provisions have only slightly changed."
https://voelkerrechtsblog.org/the-energy-charter-treaty-and-its-incompatibility-with-eu-law/
Mogger
All,
I believe the delay is partly due to Belgium's effort to get clarification on intra-EU disputes
https://diplomatie.belgium.be/en/newsroom/news/2020/belgium_requests_opinion_intra_european_application_arbitration_provisions
Mogger
All,
Pages 119 and 141 for those short on time
https://www.premier-oil.com/sites/default/files/reports/2020-annual-report.pdf
Mogger
All,
"In the first instance, this is intended to offset negative environmental impacts for the Sea Lion development"
https://en.mercopress.com/2021/03/11/falkland-islands-government-publishes-legal-framework-for-environment-trust
Mogger
And if the previous link does didn't work, try the first download on this link.
https://www.fig.gov.fk/assembly/executive-council/papers/category/486-03-24-february-2021
All,
Apologies but this position has already been filled.
https://www.fig.gov.fk/assembly/executive-council/papers?task=download.send&id=3027&catid=486&m=0
Mogger
All,
Interesting interview with lead council for Italy.
He seems to think it's all a bit unfair...
https://www.investigate-europe.eu/en/2021/italian-state-attorney-giacomo-aiello/
Mogger
Bootle,
Perhaps the application is complete as per Navitas's investor presentation?
PMO were keen at the end of last year to report that they had made the development "carbon neutral" I think that was after feedback from the initial application.
Mogger
All,
A couple of Parlimentary Questions and Answers for your consideration
https://questions-statements.parliament.uk/written-questions/detail/2021-02-01/147022
https://questions-statements.parliament.uk/written-questions/detail/2021-01-20/140906
Mogger