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This is a rather odd article which adds two and two together to make five. The reasoning behind the CJEU's approach is very simple. There is of course no problem in having an arbitration panel ruling on the terms of a free trade agreement (as confirmed in Opinion 2/15).

However, matters are quite different when that free trade agreement bases itself on EU law and a dispute arises as to the interpretation of EU law. In this case, the arbitration panel must have the possibility of referring the matter to the CJEU if it is not "acte clair" (C-284/16, Achmea). Were this not to be the case, there is a risk the panel would create a precedent based on an incorrect interpretation of EU law.

This is nothing revolutionary. Section 69 of the Arbitration Act 1996 also provides for an appeal on a point of law for much the same reason (see Lord Thomas's Bailii lecture from March 2016). Similar provision is found in German law (§ 1065 ZPO), which essentially follows the Uncitral model law on commercial arbitration.