The Incompatibility of Intra-EU BITs with European Union Law, Annotation Following ECJ, 6 March 2018, Case 284/16, Slovak Republic v Achmea BV
Paris Journal of International Arbitration, Cahiers de l'arbitrage, 2018(1), pp. 73-95
26 Pages Posted: 14 May 2018 Last revised: 31 Jul 2018
Date Written: April 30, 2018
On 6 March 2, the Court of Justice of the European Union issued a preliminary ruling of utmost importance for investment arbitration when a Member State of the European Union is concerned. Although differently interpreted, observers unanimously stress that the ruling leaves unresolved most of the questions it raises and that the ECJ ruling in Slovak Republic v Achmea BV is susceptible to have impact on a vast number of pending investment arbitration proceedings.
The purpose of this commentary is to propose an analysis of both the legal justifications of the ruling and its possible implications. It does not discuss the opportunity of the system of bilateral investment treaties or of investment arbitration.
Keywords: Achmea, Investment Arbitration, Intra-EU BIT
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