Introduction

There are still few arbitral awards that have been rendered on the basis of article 26 of the Energy Charter Treaty (hereinafter referred to as the ECT). To our knowledge, only two awards had been published until recently (see Nykomb Synergetics Technology Holding AB, Stockholm vs. The Republic of Latvia, Riga, arbitral award rendered in Stockholm, Sweden on December 16, 2003; Plama Consortium Limited vs. Republic of Bulgaria, Decision on Jurisdiction, February 8, 2005, (ICSID Case No. ARB/03/24)). A third published award was rendered in the Petrobart case, ...