On October 26, 2021, the Court of Justice of the European Union (CJEU) ruled in Case C-109/20 Poland v. PL Holdings that a member state’s conclusion of an arbitration agreement that includes a clause identical to a clause that was previously judged as invalid is prohibited under EU law. According to a CJEU press release, the CJEU further stated that, since the conclusion of such an agreement is prohibited, the national court should “set aside an arbitral award made on the basis of such an arbitration agreement.”
In 2017, an arbitral tribunal that assessed PL Holding’s...