Dispute Resolution Newsletter

The future of investor-state arbitration between EU investors and EU Member States (“intra-EU investment arbitration”) remains uncertain.This has become particularly evident in light of the EU Commission’s efforts to abolish intra-EU investment arbitration, coupled with the growing number of judgments by the Court of Justice of the European Union (“CJEU”) declaring the underlying arbitrations incompatible with EU law (Achmea, Komstroy and PL Holdings).In the Achmea decision, the CJEU found an intra-EU investment arbitration under the bilateral investment treaty (“BIT”) at issue incompatible with the principle of primacy and autonomy of EU law under Articles 267 and 344 of the Treaty on the Functioning of the EU (“TFEU”).In Komstroy, the CJEU expanded its Achmea reasoning to intra-EU investment arbitrations under the ...To read the full article, please see the PDF file

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