Stephen Jagusch is a Partner at Allen & Overy LLP in London. He is a specialist in international commercial and treaty arbitration, having acted as advisor and advocate in dozens of ad hoc and institutional international arbitrations conducted in many countries across the world and subject to a wide variety of governing substantive and procedural laws. Mr. Jagusch has had numerous appointments as arbitrator (Sole Arbitrator, coarbitrator and Chairman) in international arbitrations, institutional and ad hoc.
Jeffrey Sullivan is Counsel in the International Arbitration Group of Allen & Overy LLP’s London office. He specialises in investment treaty arbitration, international commercial arbitration and public international law. He has been counsel in numerous investment arbitrations under the ICSID and UNCITRAL arbitration rules, representing both States and investors. He has acted as counsel in four Energy Charter Treaty cases. Jeff also frequently advises energy clients on commercial disputes across many jurisdictions. He has acted as counsel and advocate under all major arbitration rules, including ICC, LCIA, UNICTRAL and AAA.
The number of investor-State disputes arising under the Energy Charter Treaty (ECT or the Treaty) continues to grow. Since the first ever investor-State arbitration was commenced under the Treaty in 2001,1 25 arbitrations are known to have been commenced under the ECT. Ten of these disputes have been commenced in the last three years.2 In that same period, there have been 11 partial or final awards issued in a corresponding number of cases arising under the ECT.3 Whilst the jurisprudence associated with the ECT of course grows with each award rendered, the body of decisions on the Treaty still remains relatively limited. Awards in several key ECT cases are expected in the next 12 to 24 months, which, it is hoped, will address certain of the more contentious issues surrounding the Treaty’s application and interpretation.