Will Europe's highest court be able to restrict corporate litigation rights?
On 2 September, the European Court of Justice (ECJ) declared that arbitration proceedings under the Energy Charter Treaty between investors from the EU and EU Member States violate European law and are therefore illegal. However, while the judges of the CJEU did not cast any doubt on their point of view, the impact of the judgment on current and future arbitration proceedings is difficult to foresee.
