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ArbitralWomen members regularly publish articles in highly-regarded legal and ADR journals

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  5. Energy Charter Treaty and EU law - the Advocate General’s opinion calling for broadening the reasoning from Achmea Judgment to ECT and CJEU’s jurisdiction over a case concerning non-EU Members

Energy Charter Treaty and EU law - the Advocate General’s opinion calling for broadening the reasoning from Achmea Judgment to ECT and CJEU’s jurisdiction over a case concerning non-EU Members

On March 3, 2021 the Advocate General issued its opinion in the proceedings before the Court of Justice of the EU (“CJEU“) under case file no. C-741/19 (“Opinion“) in favour of the CJEU’s jurisdiction over a request for preliminary ruling to interpret the Energy Charter Treaty (“ECT“) in a case concerning two non-EU parties. Furthermore, the Advocate General presented its view that the offer to arbitrate in the ECT should be considered incompatible with EU law in case of intra-EU proceedings.