5 Coming Trends To Watch For In Intra-EU Investment Claims

By Simon Batifort and Charlotte Fromont (February 10, 2022, 4:57 PM EST) -- Ever since the 2018 Slovak Republic v. Achmea BV judgment by the Court of Justice of the European Union,[1] the arbitration of claims under intra-EU investment treaties has been one of the fastest-evolving and controversial areas of international investment law.

Following Achmea, most EU member states issued a declaration indicating that arbitration of intra-EU claims was incompatible with the Treaty on European Union and the Treaty on the Functioning of the European Union.[2]

And in May 2020, all but three of the 27 EU member states entered into an agreement in which they committed to terminate all intra-EU bilateral investment treaties,...

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