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The CJEU judgment in Achmea: Death Sentence for Investment Protection Tribunals?
On 6 March 2018, the Court of Justice of the EU ruled in Achmea that the Investor-State Dispute Settlement provided for by a bilateral investment treaty (BIT) concluded between two member states was inconsistent with EU law. This means that an investor established in a EU member state will no longer be able to initiate an investment arbitration case against another EU member in the event of a dispute concerning investments made by that investor in this other member state. It is therefore no surprise that this landmark judgment is opening up a new debate regarding the future of investor protection in the EU.
During this meeting, specialists in EU and investment law will attempt to answer the following questions:
- What are the repercussions of the Achmea judgment for the ISDS mechanism in intra- and extra-EU BITs?
- What are the reactions of the international investment community to the judgment?
- What will happen to ongoing investment arbitrations under intra-EU BITs?
- What are the legal repercussions for the arbitration cases under the Energy Charter Treaty?
This event is organised in collaboration with Saint-Louis University, Brussels.