Azerbaijan is trying to distort Energy Charter`s content and purpose  - Office of the Representative for International Legal Matters of  Armenia

ArmInfo. Azerbaijan is attempting to distort the content and purpose of the Energy Charter Agreement, as reported by the Office of the Representative for International Legal Matters of Armenia to Armenpress. This distortion was referenced in relation to the submission of the primary document  for the claim against Armenia to the Permanent Arbitration Court on November 19, 2024, by the Azerbaijani government. The claim asserts Armenia has violated the sovereign rights of Azerbaijan.

According to the office's explanation there is no new claim here. We  are talking about the filing of an arbitration notice on February 27,  2023, based on the Energy Charter Agreement. The consideration of  this case began  in 2023.  "The first procedural hearing took place,  during which a tribunal was formed. The tribunal considered and made  a procedural decision on how the proceedings should be conducted.  After the hearing, a procedural period was also determined during  which the parties must submit their written statements, observations  and positions," the Mission reported. As noted by the Mission, this  is the first document that should have been submitted after the  procedural decision. The Azerbaijani side filed its claim in full, as  the arbitration notice is a document submitted to initiate a case,  and the claim is filed at a later stage. "This is a full claim filed  by Azerbaijan within the same arbitration proceedings," the Armenian  Mission explained.

 According to the representative on international legal issues, this  arbitration is coordinated by the Permanent Court of Arbitration. The  website of this court shows a schedule has been set, and the  Azerbaijani side has filed a claim exactly on schedule. The Armenian  side will proceed to consider the issues of the tribunal's  jurisdiction, and then present its comments and objections.  "Perhaps  this is due to the recent decisions of the International Court, in  which Azerbaijan lost. Now they are trying to present this case in a  new light, simply confirming the arbitration proceedings that began  back in 2023," the representative noted.

Explaining the essence of these proceedings and the procedures that  will be followed within its framework, the representation noted that  it was filed based on the Energy Charter Agreement. "The Azerbaijani  side is attempting to distort the content and purpose of this  charter. The purpose of the charter is to strengthen the foundations  of sustainable investment and trade in the energy sector. However,  the Azerbaijani side is trying to somehow link this to the  Nagorno-Karabakh conflict," the Mission emphasized, adding that the  Armenian side will present its stance and comments as part of the  arbitration proceedings.

The Mission further stated that, despite this, the tribunal must  acknowledge it's jurisdiction to consider the case, citing the  International Court as an example of conducting such a study.  "The  parties raised preliminary objections, and it is crucial for the  tribunal to acknowledge its jurisdiction in this case. Likewise, the  arbitral tribunal must recognize its jurisdiction in this particular  case.  Failure to do so would result in the case not progressing any  further," the Mission noted.