Foreing investment disputes in energy sector and international arbitration

By the arbitration charter or agreement, foreign investors may declare the arbitration place as Turkey or they may decide to initiate the protocols of "International Arbitration Law" in the case of disputations. In such a case of settlement, "International Arbitration Law" would apply. However, in the energy sector generally parties are involved in the path which is regulated by the code of "The International Centre for Settlement of Investments Disputes"(aka ICSID). In 1988, Turkey has become a member of ICSID Treaty.In a case of disputation, application of ICSID arbitration is up to two conditions; foreign investor's native state and the home state should be both the members of Treaty and both parties should declare their clear willingness. By most of the contracts of Treaties Concerning the Reciprocal Encouragement and Protection of İnvestments (BITs)", member countries of Energy Charter Treaty are initially obliged to declare their willingness constantly. Membership of Turkey to Energy Charter Treaty emerged in the year of 1994. Further on there have been contracts of BITs between her and 85 countries so far.Foreign investor, investing in a country which is a member of such agreements, may easily appeal the cases of disputation with the home state to ICSID arbitration Centre.Key Words: Arbitration, İnternational Arbitration Law, The International Centre for Settlement of Investments Disputes (ICSID), Treaties Concerning the Reciprocal Encouragement and Protection of Investments (BITs), The Energy Charter Treaty (ECT