Introductory Remarks and Opening Comments - Energy Dispute Resolution: Investment Protection, Transit and the Energy Charter Treaty
André Mernier has been the Secretary General of the Energy Charter Secretariat since January 2006. Before becoming Secretary General, André Mernier was Head of Energy Services in the Ministry of Foreign Affairs of Belgium, in which capacity he was involved in energy-related questions at national, European and international levels.
Ulf Franke is a full time arbitrator. Until 2010 he was Secretary General of the Arbitration Institute of the Stockholm Chamber of Commerce (SCC), a position he has held since 1980. Over these years he has provided arbitration and alternative dispute resolution services in several thousand cases with parties from virtually all parts of the world. Earlier in his career Ulf Franke served as a judge in Sweden.
Jason A. Fry is the Secretary General of the ICC International Court of Arbitration, Paris. Prior to his appointment as Secretary General in 2007, Mr. Fry was a partner in the international arbitration practice of Clifford Chance LLP. He has significant experience as counsel, advocate and arbitrator in international arbitration proceedings. Mr Fry is a Solicitor of the Supreme Court of England and Wales and a Barrister and Solicitor of the High Court of New Zealand. He is a Fellow of the Chartered Institute of Arbitrators and was the Member for New Zealand of the International Court of Arbitration of the International Chamber of Commerce from 1999 until 2007. In that capacity he represented the ICC Court at the UNCITRAL Working Group on International Arbitration and Conciliation in relation to the 2006 amendments to the Model Law.
Meg Kinnear is the Secretary-General of the International Centre for the Settlement of Investment Disputes (ICSID), World Bank, since June 2009. Prior to this, Meg was Senior General Counsel and Director General of the Trade Law Bureau for the Government of Canada, a post she occupied for three years. From 1999 to 2006, she served as General Counsel and Director/Director General for the same Trade Law Bureau. Between 1984 and 1999, Meg Kinnear served in a variety of posts including as Counsel for the Department of Justice in the Civil Litigation Section of the Government of Canada and Executive Assistant to the Deputy Minister of Justice also in the Government of Canada.
Christiaan M.J. Kröner is the Secretary-General of the Permanent Court of Arbitration. Prior to his posting Mr. Kröner served as the Netherlands Ambassador to the United States and Permanent Observer to the O.A.S. (2006-2008); Ambassador to France (2001-2006) where he was also accredited to Andorra; to Italy (1997-2001) where he was also accredited to Cyprus, Malta, and San Marino; and to Israel (1993-1997).
Norah Gallagher is the Director of the Investment Treaty Forum at the British Institute of International and Comparative Law. Before joining the Institute in January 2008, she worked in the International Arbitration Group of Herbert Smith where she advised on a wide range of issues relating to international arbitration (under all of the main institutional rules: ICC, LCIA, AAA ICDR, Stockholm and ICSID) from drafting valid arbitration agreements (including bifurcated, multi-tiered and multiparty arrangements) procedural issues, interim relief to enforcement of awards). She also has experience in acting as assistant to the tribunal in both international commercial and investment cases and now also acts as arbitrator.
Ambassador André Mernier
Energy Charter Secretariat
Your Excellencies, Ladies and Gentleman,
I would like to welcome you all to this conference “Energy Dispute Resolution: Investment Protection, Transit and the Energy Charter Treaty” which is being hosted by the Energy Charter Secretariat in conjunction with the Arbitration Institute of the Stockholm Chamber of Commerce, British Institute of International and Comparative Law, International Centre for Settlement of Investment Disputes, International Chamber of Commerce and Permanent Court of Arbitration. I would like to thank these institutions for their cooperation in the organization of this conference and for the warm relations that exist between our institutions.
Today, it is widely recognised that investment protection and investment arbitration are developing rapidly. This is particularly true in the energy field. Energy investments are among the most complex and capital-intensive in the world. From the point of production to the point of final consumption, an integrated network is required to handle all aspects of energy transport, distribution and processing. The energy chain is long and complex. Investments in the energy field are typically financed over extremely long periods – twenty to thirty years is not unusual. Energy investments therefore require a high level of protection against political risk.
Energy investments can only produce revenue, and thus ensure the repayment of energy investments, if the energy cycle conveys a reliable stream of energy from the point of production to the point of final consumption. It is therefore important to protect not only investments as such, but also flows of energy in transit.