January 27
2022
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9th September 2021
Energy & Transport External Relations & Trade Justice & Litigation

Op-Ed: “The Komstroy case: common market philosophy, the ECT and intra-EU ISDS” by Edoardo Stoppioni

This contribution is part of the EU Law Live Symposium on the Court of Justice’s judgment in Republic of Moldova v Komstroy LLC (C-741/19). See also the Op-Eds by Michael de Boeck, Alessandro Monti & Matteo Fermeglia, Andrés Delgado Casteleiro , Paschalis Paschalidis, and Gillian Cahill.

The solution of the Court of Justice’s Grand Chamber in the Komstroy case (C-741/19) does not come as a surprise for the readers of the evolution of the relations between EU law and international investment arbitration, as the evolution of the European jurisprudence points towards the prohibition of any intra-EU investment arbitration.

The question remained whether intra-EU arbitration based not on a bilate

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