Intra EU Investor-State Arbitration.The Achmea Judgment : Another Interpretation is Possible

There is an increase of litigation about petitions of confirming foreign arbitral awards based on Article 26 of the Energy Charter Treaty, regarding investor-State intra-EU investments. It is directly related to the interpretation that the EU Commission has made from the judgment of the CJEU on the Achmea case, considering the mentioned arbitration clause incompatible with EU primary law. This article argues that the International and EU law let another interpretation