Call on August 29, 2019. 153 Cedeao Revised Treaty (n 17) Art. 16 (2) 154 ibid., art. 1. 155 See text 17. 156 See text 27. 157 Vgl.B. z. Castro/Tri Marine Fish Co. LLC e.a., U.S. Court judgment for Circuit 9th, 27 February 2019, No.

17-35703, D.C No. 2:17-cv-00008-RSL, in which the Court of Justice, in determining what “arbitrary award” could mean for the purposes of the New York Convention, the restoration (thirds) of the American Law Institute`s International Commercial Arbitration Act (2012) Attempt (Draft No 2 2, 2012), which defines an “arbitration tribunal” as “a body composed of one or more persons directly or indirectly designated by the parties to an arbitration agreement and authorized by them to rule on a dispute that has emerged between them or between them” and “arbitration” as a “dispute resolution method in which the parties to the dispute authorize an arbitral tribunal to decide a final and binding dispute.” 158 The same question naturally arises for third parties and the EU investment judicial system (and the proposed Multilateral Investment Court). 159 Protocol (n 35) Article 24, paragraph 1. See also the revised Treaty (N 17) Article 15, paragraph 4, which states that “the judgments of the Court of Justice are binding on the Member States… ». 160 ECOWAS Court, “Court working with Stakeholders to Improve Enforcement of its Decisions” Energy investors will be pleased to know that, in parallel with these multilateral “generalist” agreements, some African regional organizations have concluded regional sectoral agreements for the energy sector. These include ECOWAS Energy Protocol A/P4/1/03, signed in 2003 by ECOWAS members (the Energy Protocol). Given the growing demand for electricity in ECOWAS countries and the resulting investment opportunities, this is an important development (Chart 2). The Energy Protocol was inspired by the Energy Charter Treaty (ECT), a multilateral international sectoral agreement that allows investors and states to claim claims that came into force in 1998. ECT has had some success as 51 countries around the world have become contracting parties. Their influence is reflected in the Energy Protocol, which also provides for investor-state dispute resolution.

Each party is committed to fair and fair treatment of investors` investments at all times. Although there is no generally accepted definition of the “fair and equitable” meaning and/or extent of treatment, investment contract courts have generally condemned measures that thwart an investor`s legitimate trust (for example. B decisions made in violation of the guarantees granted to investors to make their investments. B, for example in the context of privatizations), or arbitrary measures that are not taken in the context of ordinary proceedings or ill-intentioned measures (for example. B damage to the activity of an economic operator for apparent or fraudulent reasons).