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The Future of Arbitration under the Energy Charter Treaty
This legal briefing examines the impact of the Court of Justice of the European Union (CJEU) Komstroy decision on intra-EU investment disputes under the Energy Charter Treaty (ECT). It argues that the ruling, alongside the Achmea and PL Holdings decisions, effectively bars investor-State dispute settlement (ISDS) between EU investors and Member States, creating significant legal and financial obstacles to the enforcement of arbitration awards. The document specifically analyzes how these rulings and EU State aid laws could impede claims by energy companies RWE and Uniper against the Netherlands regarding its coal phase-out policy.
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Document type: Briefing