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2019 | 39 | 209-226
Article title

The Impact of Achmea on Investor-State Arbitration under Intra-EU BITs: A Treaty Law Perspective

Content
Title variants
Languages of publication
EN
Abstracts
EN
This article examines the consequences of the Court of Justice of the European Union’s (CJEU) ruling in Achmea concerning Investor-State Arbitration (ISA) under intra-EU Bilateral Investment Treaties (BITs) from a treaty law perspective. It begins by briefly setting out the arguments of Advocate General Wathelet and the CJEU supporting their different positions on whether intra-EU BITs ISA clauses are compatible with EU law. The article then proceeds to analyse Achmea’s implications for intra-EU BIT ISA. It concludes that, as a result of the CJEU’s ruling, arbitral tribunals are deprived of their jurisdiction to entertain investors’ claims brought under intra-EU BIT ISA clauses. Finally, the article argues that Achmea’s applicability to cases brought under intra-EU BIT ISA clauses is limited, using the application of EU law as a relevant qualification. In order for an arbitral tribunal to be deprived of its jurisdictional competence as a result of Achmea, it must be entitled to interpret and apply EU law directly or indirectly in determining its jurisdiction.
Year
Volume
39
Pages
209-226
Physical description
Dates
published
2020-10-26
Contributors
  • Mansfield College, University of Oxford
  • School of Law Science, Neapolis University Pafos
References
Document Type
Publication order reference
Identifiers
YADDA identifier
bwmeta1.element.desklight-aab67f04-756e-4e32-b889-83e0ff05bc95
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