Dispute Resolution and Negotiation Centre

The Energy Community Secretariat's Dispute Resolution and Negotiation Centre was established as a response to signals that the settlement alternatives currently available for energy disputes no longer respond to the needs of national authorities and stakeholders, in particular small and medium enterprises and consumers.

Pursuant to Procedural Act 2018/05-EnC, the Centre focuses on three pillars:

facilitation of negotiations for the settlement of disputes between private parties, between private parties and states and/or their national authorities, and between states and/or their national authorities,
facilitation for the swift closure of dispute settlement cases under the Energy Community Treaty, and
negotiation support to national authorities in their negotiations with private parties.

The Centre is attached to the Legal Unit of the Secretariat and is chaired by Ms Smaranda Miron, Legal Counsel, Senior Dispute and Energy Lawyer.

The services provided by the Secretariat's Dispute Resolution and Negotiation Centre are free of charge.

Submitting a request for facilitation
- Written negotiations request
  Any interested party, be it a government, public authority, market participant, civil society representative or investor, is invited to submit a request to have negotiations of a dispute facilitated by the Centre.
  
  The request shall be made in writing and shall contain:
  
  the name and address of the disputing parties,
  
  a summary of the dispute (including any claims for damages),
  
  a presentation of any related pending proceedings, and
  
  any documents deemed necessary for the purposes of the negotiations.
- Draft memorandum of understanding
  
  Upon registration of the request, a draft memorandum of understanding together with a draft procedural timetable will be sent to all disputing parties. The draft memorandum of understanding shall contain information as to the place of the negotiations, confidentiality, effect of pending disputes and the name and role of the facilitator. The disputing parties will be free to agree upon amendments of the draft memorandum of understanding.
- Mediation negotiations
  
  Parties to the dispute appoint a facilitator or mediator, either from the staff of the Energy Community Secretariat or the panel of mediators. All information exchanged during the negotiations remains strictly confidential.
  
  Negotiations typically take place at the premises of the Energy Community Secretariat, which offers the use of its conference room and services and facilities in the centre of Vienna, free of charge.
  
  Ideally, the negotiations will be completed over three months.
Dispute registry
Dispute cases registry

The Centre runs a dispute registry on the cases submitted for negotiations. In line with the agreed confidentiality clauses, the dispute registry provides easily accessible basic information on each dispute, such as:
- the parties involved,
- appointed mediator,
- subject matter, and
- status (open versus closed) of the dispute.
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Panel of Mediators
Panel of Mediators

Whenever a mediation service is needed, the registrar notifies the panel of mediators and asks for their interest to serve as a mediator.
- Should a mediator have interest in a possible appointment, he/she sends a letter addressing the Director of the Secretariat and Chairman of the Centre.
- The received letters will be forwarded to the parties of the dispute, who will jointly appoint the mediator.
- In case the parties cannot reach an agreement, the Chairman makes the final selection decision.
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Dispute Resolution and Negotiation Centre

Dispute cases registry

Panel of Mediators

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