Arbitrajul internaţional al investiţiilor şi dreptul Uniunii: o convieţuire dificilă (I)

Conf. univ. dr. Gina ORGA-DUMITRIU*

* Conf. univ. dr. Facultatea de Drept, Universitatea Lucian Blaga Sibiu, Membru Trans Europe Experts.

ABSTRACT

Jurisprudence of the CJEU has been decisive for the judicial chronicle of the conflict between international investment arbitration and European Union law. The “sunset" of bilateral investment treaties concluded between EU member states was brought about by the revolutionary Achmea ruling, which held that an arbitration clause contained in an international investment agreement between two EU member states is incompatible with EU law. The plot thickened when the Achmea reasoning was extended, in a dispute between the Republic of Moldova and a Ukrainian investor, to a situation that, at least on the surface, seemed entirely external to the EU legal order. Thus, in the Komstroycase, the Court ruled that the investor-state arbitration mechanism provided in...