Republic of Italy v Athena Investments A/S Before the Swedish Courts: Is There Still a Life After the CJEU’s Decision in Komstroy and PL Holdings?

Abstract

The Swedish Court of Appeal considers the CJEU’s decisions in Republic of Poland v pl Holdings Sàrl and Republic of Moldova v Komstroy LLC regarding the validity of the arbitration clause included in Article 26 of the Energy Charter Treaty for intra-EU arbitrations, and recalls its request for a preliminary ruling in an ongoing challenge proceeding. Following up on our 2021 EILA Rev case-note, covering the parties’ submissions prior to the Court of Appeal’s request for a preliminary ruling, we further explore the parties’ recounts of the CJEU’s recent decisions and the implications under Swedish law. The Svea Court of Appeal is the first Swedish court to decide on the validity of Article 26 of the Energy Charter Treaty in intra-EU arbitration.