Is there still a reason d’etre for the ECT after the CJEU’s ban on intra-EU ECT arbitration?

Nikos Lavranos
September 30, 2021

Is there still a reason d’etre for the ECT after the CJEU’s ban on intra-EU ECT arbitration?

“As has been widely reported, the recent Komstroy judgment of the Court of Justice of the EU (CJEU) in which it extended the application of its previous Achmea judgment to the Energy Charter Treaty (ECT) by determining that investor-state arbitration within the EU is incompatible with EU law, raises the fundamental question whether there is still a reason d’etre (reason for being) for the ECT?”

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