Why a state party to both the Energy Charter Treaty (ECT) and the WTO Agreements (WTO) would choose one or the other set of rules in a dispute with another fellow ECT and WTO contracting party
Article from: TDM 1 (2004), in International Commercial Arbitration
Summary
This article assesses the reasons why a state party to both the Energy Charter Treaty (ECT) and the WTO Agreements (WTO) would choose one or the other set of rules in a dispute with another fellow ECT and WTO contracting party. From the ECT point of view and without going back to either the ECT or the WTO dispute settlement provisions, there are a number of arguments that could be advanced in favour of a state party using ECT Article 27 (ECT 27) instead of the procedure under Dispute Settlement Understanding of the WTO Agreements (DSU).