EU law and investment arbitration- the Achmea saga: a tale of two (or even more) cities?


In het kort


17 maart 2021


14:30 - 16:00


online meeting

There is no use denying that foreign investment is a major component of the world’s economy. It is true, however, that the honeymoon between a foreign investor and the host state does not last forever and at some point a dispute may arise.

Bilateral investment treaties (BITs) containing reciprocal undertakings for the promotion and protection of private investments made by nationals of the signatories in each other's territories have been considered to be a tool capable of promoting foreign investment. A thorny issue that arose in the context of the famous Achmea case is the question of compatibility of intra-EU BITs with EU law. Is there a real conflict? Has the level of protection offered to intra-EU investors been modified in the aftermath of Achmea? Will the new status quo affect the Energy Charter Treaty? Is a Multilateral Investment Court (MIC) panacea or anathema? Can we fix the identified problems by using the existing tools or we need to break what has been working for decades?

: Dr. Artemis Malliaropoulou

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