СИСТЕМ РЕШАВАЊА СПОРОВА У ОКВИРУ ПРАВИЛА ПОВЕЉЕ О ЕНЕРГИЈИ
DISPUTE SETTLEMENT SYSTEM WITHIN THE FRAMEWORK OF THE ENERGY CHARTER TREATY

Summary/Abstract: The Energy Charter Treaty (ECT) is a multilateral agreement which established a framework for international cooperation on energy issues. Ever since the ECT entered into force, the dispute settlement system established thereof has significantly contributed to a more efficient exercise of the Contracting State Parties’ rights as well as the rights of the investors based in those states. The compliance of dispute settlement procedures with the Dispute Resolution Rules of the International Centre for Settlement of Investment Disputes (ICSID) as well as with the rules of leading international arbitration centers ensures credibility and confidence-building with potential users. The dispute settlement framework may be used for resolving disputes pertaining to all issues which are regulated by the Energy Charter Treaty. Given the type of subject matter, the legal issue may be subject to a general procedure and a special procedure, as well as as an ancillary proceeding which does not result in an enforceable judicial decision. The ECT provisions are aimed at resolving all disputes in a peaceful and amicable way, while the process of initiating the dispute settlement procedure is perceived as the last resort option. However, in case the dispute settlement procedure has been initiated, the parties may be subject to a general or a special procedure, the result of which is a final and enforceable judicial decision, which is not subject to appeal.

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