Arbitration Report: March 2018

Firm Thought Leadership
European Court of Justice Decides that EU Law Precludes the Operation of Intra-EU BIT Arbitration Provisions

Dr. Johannes KoeppJames Penrose

In a ground-breaking decision of theSlovak Republic v Achmea BV, the Court of Justice of the European Union (“CJEU”) has today decided that a provision in a bilateral investment treaty (“BIT”) concluded between EU Member States is contrary to EU law if it allows an EU investor to bring arbitral proceedings against a Member State.

Although the decision was made in relation to the Netherlands–Slovakia BIT, it potentially has far-reaching implications for other intra-EU investor-state arbitral proceedings.

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