Investor-State Dispute Settlement Under the Energy Charter Treaty (ECT): Implications for China?

After the publication of the final awards issued in 3 arbitrations between former shareholders of Yukos and the Russian Federation, the investor-state dispute settlement under Energy Charter Treaty (ECT) aroused great concern worldwide. Since the commencement of on 25 April 2001 the first arbitration under the ECT, the number of cases has grown to a total of 58 cases. This paper aims to make a retrospect on the past 13 years ECT arbitration first and to see what we can learn from the 58 cases, to examine the distinguishing factors between ECT arbitration and ICSID arbitration, last to make a conclusion on what kind of influence it will play on China energy investment if China signs the ECT, as China is now an observer of Energy Charter Conference.