The Energy Charter Treaty : A Step towards Consistency in International Investment Arbitration?

The potential for multiplicity of proceedings under international investment treaties has been the subject of concern and much recent debate. One of the most significant drawbacks identified is the possibility of inconsistent outcomes. Cases with materially identical facts and causes of action have resulted in divergent arbitral awards. This article (i) explores the background to and reasons for the contrary decisions in the Czech Republic and Ecuador disputes, (ii) critically appraises the solutions proposed by commentators in the field and (iii) examines whether the Energy Charter Treaty could help solve this problem for energy disputes