Beyond Achmea: The Court of Justice of the European Union and the Future of Investment Arbitration

What does the CJEU’s Achmea judgement mean for the future of investor-State arbitration in Europe and beyond? Upon invitation of the Centre for European Research and the Department of Law of the University of Gothenburg, Steffen Hindelang of the University of Southern Denmark gave a talk on implications of the CJEU’s recent judgment on the incompatibility of intra-EU investment arbitration with EU law.

What is the effect of the Achmea ruling on existing intra-EU investment arbitral awards and pending cases? What will happen to the about 200 intra-EU BITS? In this connection, what is the fate of survival clauses in intra-EU BITs? What is the effect of the Achmea judgment on the Energy Charter Treaty? And last, but not least, what is the impact of this CJEU’s decision on investor-state arbitration in a third country context, i.e. on the instruments (e.g. CETA, EU-Singapore FTA, and EU-Vietnam FTA) which provide for such between the EU, its Member States, and third country investors?

Special thanks go to Andreas Moberg and Hannes Lenk for the kind invitation to Gothenburg and setting up the very timely event.