Top Court's Ruling On EU Investment Pact Is A Game Changer

Law360 (March 6, 2018, 8:37 PM EST) -- Europe's highest court concluded Tuesday that an arbitration clause in a Dutch-Slovak investment treaty is incompatible with European Union law, a ruling that experts say will alter the European investor state arbitration landscape by curtailing investors' ability to assert claims under similar trade pacts.

The European Court of Justice concluded that the provision, which stipulates that investor disputes against the governments of the Netherlands or Slovakia would be resolved through arbitration, improperly allows arbitral tribunals to interpret EU law. That's something that only a European court can do, according to the decision.

The decision resolves in the European Commission's favor a...

Stay ahead of the curve

In the legal profession, information is the key to success. You have to know what’s happening with clients, competitors, practice areas, and industries. Law360 provides the intelligence you need to remain an expert and beat the competition.

  • Access to case data within articles (numbers, filings, courts, nature of suit, and more.)
  • Access to attached documents such as briefs, petitions, complaints, decisions, motions, etc.
  • Create custom alerts for specific article and case topics and so much more!


Hello! I'm Law360's automated support bot.

How can I help you today?

For example, you can type:
  • I forgot my password
  • I took a free trial but didn't get a verification email
  • How do I sign up for a newsletter?
Ask a question!