EU Member States’ Diverging Declarations on the Intra-EU Applicability of the ECT: Can the ECT be Disapplied Intra-EU as a Matter of International Law Without Modernization?
…that EU law prohibits arbitral tribunals from exercising jurisdiction in intra-EU ECT arbitrations (see e.g., Electrabel, paras. 4.89-4.110; Vattenfall, paras. 80-91). Following the CJEU’s 2018 Achmea judgment, which ruled that…