Turkey's Energy Charter Treaty Investment Arbitration Map: An Analysis of Energy Charter Treaty Cases Against Turkey

Türkiye’s Energy Charter Treaty Investment Arbitration Map: An Analysis of Energy Charter Treaty Cases Against Türkiye

The number of investment arbitration cases brought under the Energy Charter Treaty has increased in the last decade dramatically.  Interestingly, Türkiye had most of the investment arbitration cases arising out of the Energy Charter Treaty even before the last decade. There are six investment arbitration cases in total against Türkiye. This article analyses the key issues in these cases.

The article uses the doctrinal analysis of these six cases and relevant rules in the Energy Charter Treaty (ECT) and Bilateral Investment Treaties (BITs). This article, however, does not only describe the case law on relevant rules. The article further critically analyses both parties’ positions and gives policy recommendations for Türkiye and suggestions for investors regarding how their case could have been presented.

Overall, the article provides important insights for scholars and practitioners who are dealing with the Energy Charter Treaty cases or planning to bring a case against a State. Türkiye-related cases are used as a case study in this article. Since similar provisions and energy policies can replicate themselves in other cases and jurisdictions, the impact of this article reaches beyond Türkiye and is relevant to all Energy Charter Treaty cases.

Dr Eken is an assistant professor and director of the Master of Laws (LLM) programme at Durham Law School. Dr Eken is a triple-qualified attorney, admitted to practice law in England and Wales as a solicitor, an Attorney and Counselor at the Law in California, and Turkey; a fellow of the Chartered Institute of Arbitrators (CIARB). Dr Eken holds a PhD in Laws degree from the Chinese University of Hong Kong, and two LLM degrees, one from the London School of Economics and Political Science (LSE) and another from Dokuz Eylül University, where he also obtained his bachelor’s degree in law with a high honour degree. He spent the 2019/20 academic year at Stanford University and two months in 2021 at Max Planck Institute in Luxembourg as a visiting scholar.

He teaches, researches and gives consultancy to law firms mainly on international commercial arbitration, investment law, contracts, and third-party funding. He is an award-winning international legal practitioner, scholar, and arbitration consultant.

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