Arbitration Links - Linklaters
  • Year: 2019
  • Month: January
  • Topic: Public International Law

EU Member States announce their intention to terminate intra-EU BITs

30 January 2019 Kirstin Schwedt, Europe


In early January, the EU Member States announced their intention to terminate all intra-EU bilateral investment treaties. Their declarations come in reaction to last year’s Achmea-decision on intra-EU investor-state dispute settlement. Interestingly, the EU Member States could not agree on a unitary position regarding the Energy Charter Treaty.

How will these political declarations impact pending arbitrations, or those initiated before the EU Member States put in place a new regime?

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