Question to the Department for International Trade:

To ask the Secretary of State for International Trade, whether her Department has made an assessment of the likelihood of an investor state dispute settlement claim being made against the UK under the Energy Charter Treaty.

The United Kingdom has investment agreements with Investor-State Dispute Settlement (ISDS) provisions with over 90 trading partners, including within the Energy Charter Treaty (ECT). There has never been a successful ISDS claim brought against the United Kingdom, nor has the threat of potential claims affected decisions taken by HM Government.

Negotiations have recently been completed to modernise the investment protection and dispute settlement provisions in the Energy Charter Treaty, which aim to provide greater clarity on the standards of protection afforded to investors and reduce the scope for claims with lack legal merit.