Current Developments

Alea iacta est?

Post-Achmea investment arbitration in light of recent declarations by EU-member states

Almost a year has passed since the Court of Justice of the European Union (CJEU) delivered its ground-breaking judgment– Achmea C-284/16 – concerning the incompatibility of EU law and a Dutch-Slovakian bilateral investment treaty (an intra-EU BIT) (for a discussion see here). While there have been divergent views on the potential scope of Achmea (here restrictively, here more broadly), arbitral tribunals have not yet upheld a jurisdictional challenge by respondent states based …