Russia's Gas Exports and Transit Dispute Resolution under the ECT: Missed Opportunities for Gazprom or False Hopes in Europe?

Andrei V Belyi Dr Andrei Belyi is a research fellow at the Centre for Energy Studies at the Institute of World Economy and International Relations (IMEMO), Moscow, and works at the State University, Higher School of Economics, Faculty of World Economy and International Politics, Cathedra of Political Issues of International Energy, Moscow ([email protected]). Ulrich Klaus works as a Legal Trainee in Berlin (Referendar), currently on a secondment at the District Court of Berlin, Chamber of Commercial Matters, and is a PhD student (Dr jur) at the Transnational Economic Law Center, Universitāt Halle-Wittenberg ([email protected]). The authors would like to thank Graham Coop and Professor Thomas Walde for their support and useful comments on this article.

Ulrich G Klaus Dr Andrei Belyi is a research fellow at the Centre for Energy Studies at the Institute of World Economy and International Relations (IMEMO), Moscow, and works at the State University, Higher School of Economics, Faculty of World Economy and International Politics, Cathedra of Political Issues of International Energy, Moscow ([email protected]). Ulrich Klaus works as a Legal Trainee in Berlin (Referendar), currently on a secondment at the District Court of Berlin, Chamber of Commercial Matters, and is a PhD student (Dr jur) at the Transnational Economic Law Center, Universitāt Halle-Wittenberg ([email protected]). The authors would like to thank Graham Coop and Professor Thomas Walde for their support and useful comments on this article.

Abstract

Energy Transit plays an important role in the export of Russian gas to Europe and the European Energy security. The events around the Russian-Ukrainian supply and transit dispute in 2005/06 made clear that there are different approaches to dispute resolution in Europe and in Russia, and respectively, the Ukraine. Suggestions to solve the dispute under the legal umbrella of international arbitration (ECT or commercial arbitration) in the end were rejected by Russia and the Ukraine. This article describes the different approaches towards dispute resolution (legal v power politics) of the players involved and discusses the possibilities for dispute mechanisms in comparable transit dispute situations.

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Russia's Gas Exports and Transit Dispute Resolution under the ECT: Missed Opportunities for Gazprom or False Hopes in Europe?

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Russia's Gas Exports and Transit Dispute Resolution under the ECT: Missed Opportunities for Gazprom or False Hopes in Europe?

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