By Adhiraj Lath and Marwan Ben Moussa The European Union (EU) has been dismantling investor-state dispute settlement inside the Union. In Achmea, the Court of Justice of the European Union (CJEU or Court) held that arbitration clauses in bilateral investment treaties (BITs) between Member States are incompatible with EU law. In Komstroy, the Court extended that logic to the Energy Charter Treaty (ECT). Member States then terminated all intra-EU BITs and coordinated a withdrawal from the ECT. This piece attempts to explore the potential recourses and remedies available to investors in light of the dismantling of intra-EU investor-state arbitration while […]
Daily Archives: April 20, 2026
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