Incompatibilitatea arbitrajului privat cu dreptul UE – Jurisprudența selectivă a CJUE
Incompatibility of private arbitration with EU law – Selective jurisprudence of the CJEU

Summary/Abstract: In the consistent jurisprudence of the CJEU, it has been established that: 'Union law prohibits a Member State from concluding an arbitration agreement with content identical to that of a null and void arbitration clause, which appears in a bilateral investment treaty (BIT) between Member States. Consequently, the national court is obliged to annul the arbitral award adopted on the basis of such an arbitration agreement' (Grand Chamber Decision of the CJEU of 26.10.2021, in case C-109/20, P.L. Holdings Luxembourg v. Poland and Sweden). Through this decision, the Court of Justice, sitting in the Grand Chamber, developed its jurisprudence established by the Achmea v. Slovakia judgment of 6.03.2018 pronounced in cases C-284/16 and CP no. 26/181.

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