Introduction

Both pecuniary (i.e., economic compensation) and non-pecuniary (i.e., orders for specific performance) remedies are available to arbitral tribunals instituted under Article 26 of the Energy Charter Treaty (ECT). However, the award has to expressly provide for the Contracting Party to opt to pay monetary damages in lieu of non-pecuniary remedies in cases of Treaty breaches related to acts of sub-national governments or authorities. The provision on both non-pecuniary and pecuniary remedies is coherently accompanied by a specific provision concerning the implementation of awards ...