- Dispute Resolution
- Competition Law / International Trade
The Modernized Energy Charter Treaty and Its Provisional Application
– and what it means for Japanese and foreign investors –
On 3 December 2024, after an intense, five-year reform process, the Energy Charter Conference adopted amendments to modernize the Energy Charter Treaty (“ECT”). The treaty, originally adopted in 1994, has long been one of the most frequently relied upon international investment agreements (“IIAs”) in investor-state dispute settlement (“ISDS”) involving energy sector investments. In recent years, a surge of ECT claims against government measures in the renewable energy industry has attracted considerable attention, several of which involved Japanese investors. The question is whether, with the amendments, things are set to change. The modernized ECT seems to aim to address concerns surrounding the continued protection of fossil fuel investments, states’ rights to regulate, and the EU and its Member States’ decision to abolish intra-EU ISDS....To read the full article, please see the PDF file
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Dispute Resolution & Competition Law/International Trade Newsletter
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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.