In the award on Green Power v Spain, an SCC arbitral tribunal decided that, while operating under the Energy Charter Treaty (ECT), it had no jurisdiction over claims of investors from Denmark, because the dispute in question had an intra-EU character. The dispute was therefore, pursuant to the approach taken in decisions of the EU judiciary in Achmea and Komstroy, excluded from ECT arbitration. Even though EU and ECT legal orders are based on separate treaty frameworks, the Tribunal chose to present the whole issue as one of interpretation of a treaty, namely ECT.
