Sir Alan Dashwood QC comments on Republic of Moldova v Komstroy

In his recent article in the European Law Review, Sir Alan Dashwood QC casts a critical eye over the CJEU’s judgment in Republic of Moldova v Komstroy LLC, in which the Court, obiter, expressed the view that the investor-State arbitration clause in the Energy Charter Treaty (ECT) was inapplicable to disputes between EU Member States and investors from other EU Member States.

This material was first published by Thomson Reuters, trading as Sweet & Maxwell, 5 Canada Square, Canary Wharf, London, E14 5 AQ, in European Law Review as ‘Republic of Moldova v Komstroy LCC: Arbitration under Article 26 ECT outlawed in Intra-EU Disputes by Obiter Dictum’, (2022) 47 ELRev 127, and is reproduced by agreement with the publishers.