November 20, 2019
In
Annulment of arbitral awards, Investment Law
CJEU Expected to Rule on Notion of “Investment” in Energy Charter Treaty
On 24 September 2019, the Paris Court of Appeal handed down a judgment in which it decided to refer three questions for preliminary ruling to the Court of Justice of the European Union (the CJEU) regarding the definition of an “investment” in the Energy Charter Treaty (the ECT).
The upcoming decision of the CJEU is likely to have a great impact on the scope of future ECT based investment arbitration proceedings, which require, pursuant to Article 26(1) of the ECT, that the dispute relate to “an investment“.READ MORE