The analysis of provisional application of Energy Charter Treaty in light of the case of Yukos shareholders vs. Russia, and a comparison with Iranian legal system

Due to the necessity of fast application and development of its rules and provisions regarding the role of energy in economic development, Energy Charter Treaty (ECT) has established “provisional application” process. Article 45 of this treaty while explaining application of this principle expresses some exceptions. Existing ambiguities and different interpretations about the aforementioned issue bring about some controversies at international level.
One of the most important disputes with this regard is the case of “Yukos shareholders vs. Russia ˮ. In this award, the arbitral tribunal and judicial courts involving in the case have raised various interpretations of article 45 relying on ECT and Russian law and ultimately, adopt different approaches.
Examining all aspects of “provisional application” in the above case, in addition to expressing the latest legal point of views related to this subject, may help legal authorities and legislators of countries willing to be member of ECT like Iran , in their future legal policies.
This paper with examining provisions of ECT related to provisional application and discussing different point of views of courts in Yukos case, explains the contradictions and inconsistencies among Iranian legal system and ECT in case of treaty being signed by Iran and provisional application.