Arbitration Links - Linklaters
  • Topic: Public International Law

Intra-EU investment arbitration post-Achmea: A look at the additional remedies offered by the ECHR and EU law

24 April 2018 Guillaume Croisant; Xavier Taton, Europe

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In its landmark Achmea case, the Court of Justice of the EU (“CJEU”) found the arbitration provision of the bilateral investment treaty (“BIT”) between the Netherlands and Slovakia to be incompatible with EU law (see our previous post for a first analysis).

This decision potentially affects the roughly 200 BITs concluded between the EU Member States, although its overall implications are far from clear. Against that background, however, investors in EU Member States who object to State measures which have impacted their investments elsewhere in the EU might be expected to look for additional routes to a remedy. What might these be? Two which stand out for closer analysis in particular are the European Convention on Human Rights (“ECHR”) and the fundamental principles of EU law.

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CJEU judgment in Slovak Republic v. Achmea BV: intra-EU BITs incompatible with EU law

13 March 2018 Julia Grothaus; Rupert Bellinghausen, Europe; Germany

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In the much anticipated judgment of 6 March 2018 (Case C-284/16), the Court of Justice of the European Union (“CJEU”) found the arbitration provision of the bilateral investment treaty (“BIT”) between the Netherlands and Slovakia to be incompatible with EU law. As the decision potentially affects not less than 196 BITs between EU Member States (“intra-EU BITs”), it is likely to have significant consequences for the world of intra-EU BIT arbitration. Yet, its overall implications are far from clear, so that the judgment will loom large for some time to come.

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Recent developments in the Yukos saga see assets in Belgium belonging to Russia unfrozen

27 June 2017 Guillaume Croisant, Belgium

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In 2015, at the request of one of Yukos’s main former shareholders, assets in Belgium belonging to Russia were frozen. The Brussels Court of First Instance has now lifted that order. This decision follows a recent ruling of the Belgian Constitutional Court upholding the so-called ‘Yukos’ Act of 23 August 2015, which reinforces state immunity from enforcement in Belgium.  

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