European Investor-State Dispute Settlement in the Post-Achmea Era
European Investor-State Dispute Settlement in the Post-Achmea Era

Author(s): Tamara Benáková
Subject(s): International Law, Law on Economics, EU-Legislation, Commercial Law, Court case
Published by: ADJURIS – International Academic Publisher
Keywords: Achmea decision; intra-EU BITs; investment law; investor-state dispute settlement; ISDS reform;
Summary/Abstract: The Court of Justice of the European Union (“Court”) issued a landmark decision dated 6 March 2018 in a matter between the Slovak Republic and a Dutch company Achmea B.V. (Case C-284/16), in which it ruled that arbitration agreements concluded in bilateral investment treaties between two EU member states are incompatible with the EU law. In doing so, the Court set afoot a chain of intra-EU Bilateral Investment Treaty (BIT) denunciations, leaving investors from EU countries without the possibility to settle their disputes with EU host states through a well-established dispute settlement mechanism. The present paper explores potential ways of dispute settlement between investors and states from the EU following the Achmea decision.

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