The UK completed its withdrawal from the Energy Charter Treaty in 2025. The sunset provision protects existing investments by qualifying foreign investors until April 2045, making ECT expert evidence relevant for decades.
ECT arbitration requires expert evidence on regulatory measures taken by the host state, whether they were consistent with the investor's legitimate expectations, and the political context of energy policy changes.
The tension between net zero commitments and investor protection continues to shape ECT disputes and the modernised treaty framework.
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Frequently Asked Questions
Are UK investors still protected by the Energy Charter Treaty?
Following the UK's completion of ECT withdrawal in 2025, existing investments by qualifying foreign investors in the UK, and UK investors in other contracting states, continue to enjoy ECT protection under the sunset provision until April 2045.
What political risk evidence is needed in ECT arbitration?
ECT arbitration typically requires expert evidence on the regulatory measures taken by the host state, whether they were consistent with the investor's legitimate expectations, and the political context of energy policy changes that affected the investment.