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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