Displaying 1 - 91 of 91

Paragraphs in "Energy Charter Treaty" coded as SBF

Label Provision
Art.7 Article 7
Art.7.1 1) Each Contracting Party shall take the necessary measures to facilitate the Transit of Energy Materials and Products consistent with the principle of freedom of transit and without distinction as to the origin, destination or ownership of such Energy Materials and Products or discrimination as to pricing on the basis of such distinctions, and without imposing any unreasonable delays, restrictions or charges.
Art.7.2 2) Contracting Parties shall encourage relevant entitles to cooperate in:
Art.7.2.a a) modernizing Energy Transport Facilities necessary to the Transit of Energy Materials and Products;
Art.7.2.b b) the development and operation of Energy Transport Facilities serving the Areas of more than one Contracting Party;
Art.7.2.c c) measures to mitigate the effects of interruptions in the supply of Energy Materials and Products;
Art.7.2.d d) facilitating the interconnection of Energy Transport Facilities.
Art.7.3 3) Each Contracting Party undertakes that its provisions relating to transport of Energy Materials and Products and the use of Energy Transport Facilities shall treat Energy Materials and Products in Transit in no less favourable a manner than its provisions treat such materials and products originating in or destined for its own Area, unless an existing international agreement provides otherwise.
Art.7.4 4) In the event that Transit of Energy Materials and Products cannot be achieved on commercial terms by means of Energy Transport Facilities the Contracting Parties shall not place obstacles in the way of new capacity being established, except as may be otherwise provided in applicable legislation which is consistent with paragraph 1).
Art.7.5 5) A Contracting Party through whose Area Energy Materials and Products may transit shall not be obliged to
Art.7.5.a a) permit the construction or modification of Energy Transport Facilities; or
Art.7.5.b b) permit new or additional Transit through existing Energy Transport Facilities,
Art.7.5.cx which it demonstrates to the other Contracting Parties concerned would endanger the security or efficiency of its energy systems, including the security of supply.
Art.7.5.dx Contracting Parties shall, subject to paragraphs 6) and 7), secure established flows of Energy Materials and Products to, from or between the Areas of other Contracting Parties.
Art.7.6 6) A Contracting Party through whose Area Energy Materials and Products transit shall not, in the event of a dispute over any matter arising from that Transit, interrupt or reduce, permit any entity subject to its control to interrupt or reduce, or require any entity subject to its jurisdiction to interrupt or reduce the existing flow of Energy Materials and Products prior to the conclusion of the dispute resolution procedures set out in paragraph 7), except where this is specifically provided for in a contract or other agreement governing such Transit or permitted in accordance with the conciliator's decision.
Art.7.7 7) The following provisions shall apply to a dispute described in paragraph 6), but only following the exhaustion of all relevant contractual or other dispute resolution remedies previously agreed between the Contracting Parties party to the dispute or between any entity referred to in paragraph 6) and an entity of another Contracting Party party to the dispute:
Art.7.7.a a) A Contracting Party party to the dispute may refer it to the Secretary-General by a notification summarizing the matters in dispute. The Secretary-General shall notify all Contracting Parties of any such referral.
Art.7.7.b b) Within 30 days of receipt of such a notification, the Secretary-General, in consultation with the parties to the dispute and the other Contracting Parties concerned, shall appoint a conciliator. Such a conciliator shall have experience in the matters subject to dispute and shall not be a national or citizen of or permanently resident in a party to the dispute or one of the other Contracting Parties concerned.
Art.7.7.c c) The conciliator shall seek the agreement of the parties to the dispute to a resolution thereof or upon a procedure to achieve such resolution. If within 90 days of his appointment he has failed to secure such agreement, he shall recommend a resolution to the dispute or a procedure to achieve such resolution and shall decide the interim tariffs and other terms and conditions to be observed for Transit from a date which he shall specify until the dispute is resolved.
Art.7.7.d d) The Contracting Parties undertake to observe and ensure that the entities under their control or jurisdiction observe any interim decision under subparagraph c) on tariffs, terms and conditions for 12 months following the conciliator's decision or until resolution of the dispute, whichever is earlier.
Art.7.7.e e) Notwithstanding subparagraph b) the Secretary-General may elect not to appoint a conciliator if in his judgement the dispute concerns Transit that is or has been the subject of the dispute resolution procedures set out in subparagraphs a) to d) and those proceedings have not resulted in a resolution of the dispute.
Art.7.7.f f) The Charter Conference shall adopt standard provisions concerning the conduct of conciliation and the compensation of conciliators.
Art.7.8 8) Nothing in this Article shall derogate from a Contracting Party's rights and obligations under international law including customary international law, existing bilateral or multilateral agreements, including rules concerning submarine cables and pipelines.
Art.7.9 9) This Article shall not be so interpreted as to oblige any Contracting Party which does not have a certain type of Energy Transport Facilities used for Transit to take any measure under this Article with respect to that type of Energy Transport Facilities. Such a Contracting Party is, however, obliged to comply with paragraph 4).
Art.7.10 10) For the purposes of this Article:
Art.7.10.a a) "Transit" means
Art.7.10.a.i i) the carriage through the Area of a Contracting Party, or to or from port facilities in its Area for loading or unloading, of Energy Materials and Products originating in the Area of another state and destined for the Area of a third state, so long as either the other state or the third state is a Contracting Party; or
Art.7.10.a.ii ii) the carriage through the Area of a Contracting Party of Energy Materials and Products originating in the Area of another Contracting Party and destined for the Area of that other Contracting Party, unless the two Contracting Parties concerned decide otherwise and record their decision by a joint entry in Annex N. The two Contracting Parties may delete their listing in Annex N by delivering a joint written notification of their intentions to the Secretariat, which shall transmit that notification to all other Contracting Parties. The deletion shall take effect four weeks after such former notification.
Art.7.10.b b) "Energy Transport Facilities" consist of high-pressure gas transmission pipelines, high-voltage electricity transmission grids and lines, crude oil transmission pipelines, coal slurry pipelines, oil product pipelines, and other fixed facilities specifically for handling Energy Materials and Products.
Art.21 Article 21
Art.21.1 1) Except as otherwise provided in this Article, nothing in this Treaty shall create rights or impose obligations with respect to Taxation Measures of the Contracting Parties. In the event of any inconsistency between this Article and any other provision of the Treaty, this Article shall prevail to the extent of the inconsistency.
Art.21.2 2) Article 73) shall apply to Taxation Measures other than those on income or on capital, except that such provision shall not apply to:
Art.21.2.a a) an advantage accorded by a Contracting Party pursuant to the tax provisions of any convention, agreement or arrangement described in subparagraph 7)a)ii); or
Art.21.2.b b) any Taxation Measure aimed at ensuring the effective collection of taxes, except where the measure of a Contracting Party arbitrarily discriminates against Energy Materials and Products originating in, or destined for the Area of another Contracting Party or arbitrarily restricts benefits accorded under Article 73).
Art.21.3 3) Article 102) and 7) shall apply to Taxation Measures of the Contracting Parties other than those on income or on capital, except that such provisions shall not apply to:
Art.21.3.a a) impose most favoured nation obligations with respect to advantages accorded by a Contracting Party pursuant to the tax provisions of any convention, agreement or arrangement described in subparagraph 7)a)ii) or resulting from membership of any Regional Economic Integration Organization; or
Art.21.3.b b) any Taxation Measure aimed at ensuring the effective collection of taxes, except where the measure arbitrarily discriminates against an Investor of another Contracting Party or arbitrarily restricts benefits accorded under the Investment provisions of this Treaty.
Art.21.4 4) Article 292) to 6) shall apply to Taxation Measures other than those on income or on capital.
Art.21.5.a 5) a) Article 13 shall apply to taxes.
Art.21.5.b b) Whenever an issue arises under Article 13, to the extent it pertains to whether a tax constitutes an expropriation or whether a tax alleged to constitute an expropriation is discriminatory, the following provisions shall apply:
Art.21.5.b.i i) The Investor of the Contracting Party alleging expropriation shall refer the issue of whether the tax is an expropriation or whether the tax is discriminatory to the relevant Competent Tax Authority. Failing such referral by the Investor or the Contracting Party, bodies called upon to settle disputes pursuant to Article 262)c) or 272) shall make a referral to the relevant Competent Tax Authorities;
Art.21.5.b.ii ii) The Competent Tax Authorities shall, within a period of six months of such referral, strive to resolve the issues so referred. Where non-discrimination issues are concerned, the Competent Tax Authorities shall apply the non-discrimination provisions of the relevant tax convention or, if there is no non-discrimination provision in the relevant tax convention applicable to the tax or no such tax convention is in force between the Contracting Parties concerned, they shall apply the non-discrimination principles under the Model Tax Convention on Income and Capital of the Organisation for Economic Cooperation and Development;
Art.21.5.b.iii iii) Bodies called upon to settle disputes pursuant to Article 262)c) or 272) may take into account any conclusions arrived at by the Competent Tax Authorities regarding whether the tax is an expropriation. Such bodies shall take into account any conclusions arrived at within the six-month period prescribed in subparagraph b)ii) by the Competent Tax Authorities regarding whether the tax is discriminatory. Such bodies may also take into account any conclusions arrived at by the Competent Tax Authorities after the expiry of the six-month period;
Art.21.5.b.iv iv) Under no circumstances shall involvement of the Competent Tax Authorities, beyond the end of the six-month period referred to in subparagraph b)ii), lead to a delay of proceedings under Articles 26 and 27.
Art.21.6 6) For the avoidance of doubt, Article 14 shall not limit the right of a Contracting Party to impose or collect a tax by withholding or other means.
Art.21.7 7) For the purposes of this Article:
Art.21.7.a a) The term "Taxation Measure" includes:
Art.21.7.a.i i) any provision relating to taxes of the domestic law of the Contracting Party or of a political subdivision thereof or a local authority therein; and
Art.21.7.a.ii ii) any provision relating to taxes of any convention for the avoidance of double taxation or of any other international agreement or arrangement by which the Contracting Party is bound.
Art.21.7.b b) There shall be regarded as taxes on income or on capital all taxes imposed on total income, on total capital or on elements of income or of capital, including taxes on gains from the alienation of property, taxes on estates, inheritances and gifts, or substantially similar taxes, taxes on the total amounts of wages or salaries paid by enterprises, as well as taxes on capital appreciation.
Art.21.7.c c) A "Competent Tax Authority " means the competent authority pursuant to a double taxation agreement in force between the Contracting Parties or, when no such agreement is in force, the minister or ministry responsible for taxes or their authorized representatives.
Art.21.7.d d) For the avoidance of doubt, the terms "tax provisions" and "taxes" do not include customs duties.
Art.26 Article 26
Art.26.1 1) Disputes between a Contracting Party and an Investor of another Contracting Party relating to an Investment of the latter in the Area of the former, which concern an alleged breach of an obligation of the former under Part III shall, if possible, be settled amicably.
Art.26.2 2) If such disputes can not be settled according to the provisions of paragraph 1) within a period of three months from the date on which either party to the dispute requested amicable settlement, the Investor party to the dispute may choose to submit it for resolution:
Art.26.2.a a) to the courts or administrative tribunals of the Contracting Party party to the dispute;
Art.26.2.b b) in accordance with any applicable, previously agreed dispute settlement procedure; or
Art.26.2.c c) in accordance with the following paragraphs of this Article.
Art.26.3.a 3) a) Subject only to subparagraphs b) and c), each Contracting Party hereby gives its unconditional consent to the submission of a dispute to international arbitration or conciliation in accordance with the provisions of this Article.
Art.26.3.b b) i) The Contracting Parties listed in Annex ID do not give such unconditional consent where the Investor has previously submitted the dispute under subparagraph 2)a) or b).
Art.26.3.b.ii ii) For the sake of transparency, each Contracting Party that is listed in Annex ID shall provide a written statement of its policies, practices and conditions in this regard to the Secretariat no later than the date of the deposit of its instrument of ratification, acceptance or approval in accordance with Article 39 or the deposit of its instrument of accession in accordance with Article 41.
Art.26.3.c c) A Contracting Party listed in Annex IA does not give such unconditional consent with respect to a dispute arising under the last sentence of Article 101).
Art.26.4 4) In the event that an Investor chooses to submit the dispute for resolution under subparagraph 2)c), the Investor shall further provide its consent in writing for the dispute to be submitted to:
Art.26.4.a.i a) i) The International Centre for Settlement of Investment Disputes, established pursuant to the Convention on the Settlement of Investment Disputes between States and Nationals of other States opened for signature at Washington, 18 March 1965 hereinafter referred to as the "ICSID Convention"), if the Contracting Party of the Investor and the Contracting Party party to the dispute are both parties to the ICSID Convention; or
Art.26.4.a.ii ii) The International Centre for Settlement of Investment Disputes, established pursuant to the Convention referred to in subparagraph a)i), under the rules governing the Additional Facility for the Administration of Proceedings by the Secretariat of the Centre hereinafter referred to as the "Additional Facility Rules"), if the Contracting Party of the Investor or the Contracting Party party to the dispute, but not both, is a party to the ICSID Convention;
Art.26.4.b b) a sole arbitrator or ad hoc arbitration tribunal established under the Arbitration Rules of the United Nations Commission on International Trade Law hereinafter referred to as "UNCITRAL"); or
Art.26.4.c c) an arbitral proceeding under the Arbitration Institute of the Stockholm Chamber of Commerce.
Art.26.5.a 5) a) The consent given in paragraph 3) together with the written consent of the Investor given pursuant to paragraph 4) shall be considered to satisfy the requirement for:
Art.26.5.a.i i) written consent of the parties to a dispute for purposes of Chapter II of the ICSID Convention and for purposes of the Additional Facility Rules;
Art.26.5.a.ii ii) an "agreement in writing" for purposes of article II of the United Nations Convention on the Recognition and Enforcement of Foreign Arbitral Awards, done at New York, 10 June 1958 hereinafter referred to as the "New York Convention"); and
Art.26.5.a.iii iii) "the parties to a contract [to] have agreed in writing" for the purposes of article 1 of the UNCITRAL Arbitration Rules.
Art.26.5.b b) Any arbitration under this Article shall at the request of any party to the dispute be held in a state that is a party to the New York Convention. Claims submitted to arbitration hereunder shall be considered to arise out of a commercial relationship or transaction for the purposes of article 1 of that Convention.
Art.26.6 6) A tribunal established under paragraph 4) shall decide the issues in dispute in accordance with this Treaty and applicable rules and principles of international law.
Art.26.7 7) An investor other than a natural person which has the nationality of a Contracting Party party to the dispute on the date of the consent in writing referred to in paragraph 4) and which, before a dispute between it and that Contracting Party arises, is controlled by Investors of another Contracting Party, shall for the purpose of article 252)b) of the ICSID Convention be treated as a "national of another Contracting State" and shall for the purpose of article 16) of the Additional Facility Rules be treated as a "national of another State".
Art.26.8 8) The awards of arbitration, which may include an award of interest, shall be final and binding upon the parties to the dispute. An award of arbitration concerning a measure of a sub-national government or authority of the disputing Contracting Party shall provide that the Contracting Party may pay monetary damages in lieu of any other remedy granted. Each Contracting Party shall carry out without delay any such award and shall make provision for the effective enforcement in its Area of such awards.
Art.27 Article 27
Art.27.1 1) Contracting Parties shall endeavour to settle disputes concerning the application or interpretation of this Treaty through diplomatic channels.
Art.27.2 2) If a dispute has not been settled in accordance with paragraph 1) within a reasonable period of time, either party thereto may, except as otherwise provided in this Treaty or agreed in writing by the Contracting Parties, and except as concerns the application or interpretation of Article 6 or Article 19 or, for Contracting Parties listed in Annex IA, the last sentence of Article 101), upon written notice to the other party to the dispute submit the matter to an ad hoc tribunal under this Article.
Art.27.3 3) Such an ad hoc arbitral tribunal shall be constituted as follows:
Art.27.3.a a) The Contracting Party instituting the proceedings shall appoint one member of the tribunal and inform the other Contracting Party to the dispute of its appointment within 30 days of receipt of the notice referred to in paragraph 2) by the other Contracting Party;
Art.27.3.b b) Within 60 days of the receipt of the written notice referred to in paragraph 2), the other Contracting Party party to the dispute shall appoint one member. If the appointment is not made within the time limit prescribed, the Contracting Party having instituted the proceedings may, within 90 days of the receipt of the written notice referred to in paragraph 2), request that the appointment be made in accordance with subparagraph d);
Art.27.3.c c) A third member, who may not be a national or citizen of a Contracting Party party to the dispute, shall be appointed by the Contracting Parties parties to the dispute. That member shall be the President of the tribunal. If, within 150 days of the receipt of the notice referred to in paragraph 2), the Contracting Parties are unable to agree on the appointment of a third member, that appointment shall be made, in accordance with subparagraph d), at the request of either Contracting Party submitted within 180 days of the receipt of that notice;
Art.27.3.d d) Appointments requested to be made in accordance with this paragraph shall be made by the Secretary-General of the Permanent Court of International Arbitration within 30 days of the receipt of a request to do so. If the Secretary-General is prevented from discharging this task, the appointments shall be made by the First Secretary of the Bureau. If the latter, in turn, is prevented from discharging this task, the appointments shall be made by the most senior Deputy;
Art.27.3.e e) Appointments made in accordance with subparagraphs a) to d) shall be made with regard to the qualifications and experience, particularly in matters covered by this Treaty, of the members to be appointed;
Art.27.3.f f) In the absence of an agreement to the contrary between the Contracting Parties, the Arbitration Rules of UNCITRAL shall govern, except to the extent modified by the Contracting Parties parties to the dispute or by the arbitrators. The tribunal shall take its decisions by a majority vote of its members;
Art.27.3.g g) The tribunal shall decide the dispute in accordance with this Treaty and applicable rules and principles of international law;
Art.27.3.h h) The arbitral award shall be final and binding upon the Contracting Parties parties to the dispute;
Art.27.3.i i) Where, in making an award, a tribunal finds that a measure of a regional or local government or authority within the Area of a Contracting Party listed in Part I of Annex P is not in conformity with this Treaty, either party to the dispute may invoke the provisions of Part II of Annex P;
Art.27.3.j j) The expenses of the tribunal, including the remuneration of its members, shall be borne in equal shares by the Contracting Parties parties to the dispute. The tribunal may, however, at its discretion direct that a higher proportion of the costs be paid by one of the Contracting Parties parties to the dispute;
Art.27.3.k k) Unless the Contracting Parties parties to the dispute agree otherwise, the tribunal shall sit in The Hague, and use the premises and facilities of the Permanent Court of Arbitration;
Art.27.3.l l) A copy of the award shall be deposited with the Secretariat which shall make it generally available.