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This comment is focused on the part of the Komstroy judgment in which the European Court of Justice (ECJ) sets forth its opinion that preservation of the autonomy and of the particular nature of EU law precludes the application of the arbitration mechanism in art.26 ECT in intra- EU disputes. It criticises the choice made by the Court to decide an issue of such significance by obiter dictum, and the quality of the reasoning offered to justify the Court’s opinion on that issue. The comment concludes with thoughts on the next steps available to those advising investors affected by the judgment.
