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On 27 July 2023, the German Federal Court of Justice (FCJ) ruled that EU member states may rely on proceedings under § 1032 (2) of the German Code of Civil Procedure (ZPO) to determine the admissibility of intra-EU ICSID arbitration proceedings initiated under Article 26 of the Energy Charter Treaty (ECT) (FCJ, case No. I ZB 43/22, I ZB 74/22 and I ZB 75/22).
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