European Union
The 2026 inter se agreement formalizes the EU’s position against the intra-EU application of the ECT
Key Takeaways
- Published in the Official Journal of the European Union (OJEU) on 27 March 2026, the Agreement signed by the EU and 26 Member States gives treaty form to a position that had already been set out in inter-State declarations of 2019 and 2024.
- The Agreement reaffirms the EU’s position that Article 26 ECT cannot, and could never, serve as a legal basis for intra-EU arbitration proceedings.
- It also states that Article 47(3) ECT does not extend to intra-EU arbitrations and does not produce legal effects in intra-EU relations.
- Beyond restating an interpretative position, the Agreement is intended to have immediate practical consequences in pending and future cases. So far, arbitral tribunals have overwhelmingly decided against such interpretation in multiple awards.
- The Agreement is subject to ratification by the Member States and the EU and will enter into force in due course.
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