Abstract

For more than two decades, the Energy Charter Treaty (the "ECT") has provided protection to European energy investors against unlawful expropriation through the pursuit of private remedies against States in front of investment arbitration tribunals. The Court of Justice of the European Union's (the "CJEU") ruling in Moldova v. Komstroy significantly limited the availability of the arbitration mechanism in intra-EU disputes by holding that the ECT's arbitration clause is incompatible with European Union ("EU") law. While under international law, foreign investors are entitled to full ...