Yukos Universal Limited (Isle of Man) v The Russian Federation; provisional application of the ECT in the yukos case

gazzini, tarcisio;

The provisional application of the Energy Charter Treaty (ECT) was a crucial issue in the Yukos interim awards on jurisdiction and admissibility rendered on 30 November 2009. The Respondent unsuccessfully challenged the Tribunal�s jurisdiction by arguing that the ECT did not provisionally apply to it. The provisional application of the ECT is governed by its Article 45, a lengthy and complex provision composed of seven paragraphs totalling more than 500 words. It is located in the final provisions of the Treaty, immediately after the
article on the entry into force, according to which the ECT would have entered into force on the ninetieth day after the date of deposit of the thirtieth instrument of ratification, acceptance, approval, or accession.