Articles and Opinions, Trade and Investment Policy

ECJ versus Energy Charter Treaty

Will Europe's highest court be able to restrict corporate litigation rights?

On 2 September, the European Court of Justice (ECJ) ruled that arbitration under the Energy Charter Treaty between investors from the EU and EU Member States violates European law and is therefore illegal. However, while the ECJ judges left no doubt about their point of view, the impact of the ruling on current and future arbitration proceedings is difficult to foresee.

Further information on the Energy Charter Treaty can be found here.

Appeared at Forum environment & development Newsletter 3/2021

 

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