In an EU Council document dated 8 May, delegations are invited to adopt an agreement on the interpretation and application of the Energy Charter Treaty, known as the ‘inter se’ agreement.
This states that the ECT arbitration clause cannot be applied to disputes between a Member State and an investor from another Member State if the first Member State takes measures that affect an investment made on its territory.
In the Komstroy judgment (see EUROPE B12782A13), the Court of Justice of...