Europe's High Court Nixes Intra-EU Arbitration Under ECT

By Caroline Simson (September 2, 2021, 6:08 PM EDT) -- Europe's highest court on Thursday struck down an arbitration provision in the Energy Charter Treaty for disputes within the bloc, resolving a long-running controversy that arose after the court's 2018 ruling concluding that arbitration provisions in intra-European Union bilateral investment treaties are invalid under EU law.

As was widely expected, the European Court of Justice concluded that the arbitration clause in the ECT cannot be used to resolve disputes between the bloc's investors and EU member states since that might mean that arbitral tribunals would have to interpret EU law, which can only be legally done by an EU court....

Stay ahead of the curve

In the legal profession, information is the key to success. You have to know what’s happening with clients, competitors, practice areas, and industries. Law360 provides the intelligence you need to remain an expert and beat the competition.


  • Access to case data within articles (numbers, filings, courts, nature of suit, and more.)
  • Access to attached documents such as briefs, petitions, complaints, decisions, motions, etc.
  • Create custom alerts for specific article and case topics and so much more!

TRY LAW360 FREE FOR SEVEN DAYS

Hello! I'm Law360's automated support bot.

How can I help you today?

For example, you can type:
  • I forgot my password
  • I took a free trial but didn't get a verification email
  • How do I sign up for a newsletter?
Ask a question!