Arbitration of Energy Disputes Under the Energy Charter Treaty: Added Value for the Belt and Road Initiative

Abstract

Abstract One of the objectives underlying the Belt and Road Initiative is to improve energy co-operation in areas such as energy infrastructure and exploration and development of energy resources. Most Central Asian States are situated along the Silk Road Economic Belt. At the same time those States are members of the Energy Charter Treaty. This treaty provides a multilateral framework for co-operation and investment protection in the energy sector. This contribution explores three aspects of the ECT (definition of investment and investor, dispute settlement and ECT jurisprudence, and energy transit) which could facilitate for China to achieve its energy objectives within the Belt and Road Initiative, were China to become a member of the ECT.