- Dispute Resolution
- Competition Law / International Trade
Reform of the Energy Charter Treaty – what is changing?
On 24 June 2022, the Energy Charter Secretariat (“Secretariat”) announced the agreement-in-principle on a modernized Energy Charter Treaty (“ECT” or “Treaty”) by its contracting states. The agreement-in-principle marks the end of a five-year period of preparation and negotiations which began two decades after the Treaty entered into force in 1998. The ECT has since been criticized for overly focusing on investor protection at the expense of host states. Additionally, there have been increasing calls in the EU for replacing conventional energy (e.g., fossil fuels) with ‘clean’ energy to combat climate change. The ECT reform is hence the result of a quest for stronger recognition of the contracting states’ right to regulate and the environmental movement. Notably, investor-state arbitration between an ...To read the full article, please see the PDF file
Authors
Having worked in many different jurisdictions, including in Germany, London, Paris, and Washington D.C., Anne-Marie regularly advises corporations and governments on investor-state and commercial disputes, as well as related negotiations. She is dual-qualified (Germany/England & Wales) and comes from a trilingual background. Prior to joining Nishimura & Asahi, Anne-Marie worked at Freshfields Bruckhaus Deringer LLP from 2014 to 2018.
Ms. Tomimatsu has extensive experience in the field of international economic law and international arbitration and litigation relating to cross-border business and investment.
She is familiar with EPAs/FTAs (especially in the areas of investment and services, and sustainable development, including labor, environment, and state-owned enterprises), investment agreements/BITs, and international economic law relating to natural resources and energy. She has extensive experience in negotiating international agreements and resolving international economic disputes, and has been involved in the formation of international economic rules and their strategic application in order to ensure fair competition and improve the business environment both in Japan and overseas. She also provides clients with analysis and advice on the formation of rules and their strategic operation and utilization.
With regard to international dispute resolution, she has particular expertise in investor-state dispute settlement procedures (ISDS), international commercial arbitration and mediation, and domestic and international litigation. With regard to foreign investment, utilizing her experience in handling international economic disputes gained at a U.S. law firm, she advises on the prevention of economic disputes in international transactions and business development in foreign countries, as well as on issues to be resolved locally by companies, in particular, those who have suffered or may suffer economic loss due to domestic or foreign discriminatory measures, expropriation and unfair treatment involving the host country of the investment.
She is the author of numerous publications and seminars papers, and frequently presents at conferences on international investment law and international arbitration.
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Lars’ practice is focused on commercial and investment arbitration. He has particular expertise in contentious proceedings involving post-M&A, commercial, manufacturing, construction, and distribution matters, in areas such as life sciences, automotive, and energy. Lars also deals with cases involving governments, and has advised foreign investors and sovereign states on issues of foreign direct investment and public international law, including related negotiations and investor-state disputes. He has been involved in more than 60 international arbitrations as counsel and as arbitrator under the arbitration rules of institutions such as the ICC, DIS, SAC, NAI, ICDR, KCAB, JCAA, SIAC, and ICSID, as well as under the UNCITRAL Rules.