International Arbitration and EU Law
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International Arbitration and EU Law

Edited by José R. Mata Dona and Nikos Lavranos

This book examines the intersection of EU law and international arbitration based on the experience of leading practitioners in both commercial and investment treaty arbitration law. It expertly illustrates the depth and breadth of EU law’s impact on party autonomy and on the margin of appreciation available to arbitral tribunals.
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Chapter 14: ARBITRATION UNDER THE ENERGY CHARTER TREATY: THE RELEVANCE OF EU LAW

Jeffrey Sullivan and David Ingle

Abstract

This chapter examines the “intra-EU” and “extra-EU” disputes that have arisen under the Energy Charter Treaty (ECT). It starts by recalling the history of the ECT and its object and purpose as a sector specific treaty aimed at providing a high level of protection for investors. It then examines the question of whether ECT tribunals have jurisdiction to consider intra-EU disputes, concluding that they do. This chapter further considers the role of EU law in ECT cases involving an EU Member State, noting that it has no role to play when considering questions of jurisdiction but potentially more significant role with respect to the merits of the dispute. Finally, this chapter considers the significance of the European Court of Justice’s decision in the Achmea case on the applicability of the ECT in disputes between EU investors and EU Member States.

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