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Absent specific provisions on conflict of jurisdiction, international jurisdiction should be determined based on the respondents’ domicile
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Declining jurisdiction over intra-EU investor-state disputes violates neither the principle of primacy of international law, nor the BIT’s sunset clause
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Ministry of Energy did not have the authority to issue a power of attorney, nor stnading in domestic proceedings
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Background: Lithuania claims damages in local courts while parallel arbitrations are pending
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Court declines to submit preliminary question to the CJEU, relying on the doctrine of “acte clair”
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Termination Agreement’s entry into force and BIT’s termination are deemed to be irrelevant
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Applying the CJEU’s Achmea Judgment, the court decides that the BIT’s arbitration clause has been invalid since May 2004
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Court notes that CJEU case law is developing towards precluding intra-EU investor-state arbitration
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Background: Supreme Court is invited to rule on possibility of bringing withdrawn ICSID counterclaim before local courts
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