Introduction

Article 13 of the Energy Charter Treaty (ECT), the Treaty's provision on expropriation, has gained a certain popularity in investment treaty arbitration in the sense that it is frequently relied upon by investors. This does not mean that there is no room for improvement. This article will suggest some new approaches to ECT Article 13. These thoughts are aimed at bringing this provision into the "modern" era. Unlike in the past, where a State may have carried out an expropriation through an expropriation decree or by sending the army, expropriations in the present day are ...