INTRA-EU INVESTMENTS. THE COURT OF JUSTICE HAS RESTRICTED THE USE OF ARBITRATION PROCEEDINGS FOR THE SETTLEMENT OF DISPUTES ORIGINATING IN THE CONTEXT OF BILATERAL INVESTMENT TREATIES BETWEEN MEMBER STATES

On 19 July 2018, the European Commission issued a Communication1 on intra-EU investment protection. The Communication followed the judgment of the Court of Justice in the Slowakische Republik v. Achmea BV case2, regarding the compatibility with EU law of an arbitration clause inserted in a Bilateral Investment Treaty (BIT) concluded between Member States. The judgment seems to limit the possibility for a Member State to include arbitration clauses in BITs concluded with another Member State…

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