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Case C-741/19: The CJEU decides that intra-EU ECT arbitration is incompatible with EU law and interprets the definition of “investment” in the ECT

  • 09/09/2021
  • Articles

On 2 September 2021, in its judgment in Case C-741/19, Republic of Moldova v. Komstroy LLC, the Court of Justice of the European Union (“CJEU”) decided that intra-EU arbitration under the Energy Charter Treaty (“ECT”) is incompatible with EU law. It also gave a restrictive interpretation to the definition of “investment” in the ECT.

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