The ECJ’s decision in Komstroy and the future of the Energy Charter Treaty

This webinar discusses the implications of the ECJ’s ruling in Komstroy for the future of Energy Charter Treaty (a multilateral treaty to which the EU, 26 Member States, and several third countries are party).

Komstroy is the latest development in the ongoing clash between EU and international investment law. It makes clear that there is no place for intra-EU disputes under the investor-state dispute mechanism in ECT within the EU. Yet, these intra-EU disputes remain numerous under the ECT. Investment lawyers and arbitrators do not abide with the rulings of the ECJ. Companies that have already brought arbitration claims, like RWE and Uniper, have declared to continue with the proceedings.

Komstroy does not address the question whether the ECT meets the preconditions that arbitration mechanisms must meet pursuant to Opinion 1/17. At the same time, the ECT has become increasingly controversial because investors in fossil fuel infrastructures are using it to seek multi-billion euro awards outside of ordinary courts.

In light of these legal and political complexities, the speakers will address the relevance of Komstroy for the future of the Energy Charter Treaty.


Prof. dr. Alessandra Arcuri (Erasmus University Rotterdam)
Prof. dr. Harm Schepel (University of Kent)
Prof. dr. Christina Eckes (University of Amsterdam)

Additional information: