THE KOMSTROY JUDGMENT AND ITS POSSIBLE IMPLICATIONS

Abstract

This article describes and analyses the Komstroy v Moldova with a focus on the jurisdiction and findings on the inapplicability of investment arbitration under the Energy Charter Treaty within the EU. The Article further deliberates the possible implementation of the Komstroy judgment, with a retrospective on the implementation of the Achmea judgment, including reference to selected case law post Achmea. In its third part, the Article shortly analyses the potential spillover effect of the Komstroy judgment on arbitration outside the EU, followed by a comparison with the Opinion 1/17 to test the consistency of the CJ EU case law. In the final part, the article brings the latest news on the modernisation of the Energy Charter treaty and concludes with a short outline of potential new instruments for crossborder investment protection in the EU.