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  5. New Agreement Between EU Member States: Is This the (Definite) End of Intra-EU Investment Arbitration?

New Agreement Between EU Member States: Is This the (Definite) End of Intra-EU Investment Arbitration?

  • Publication Name: Blog
  • Publication Name Index: Blog

On 5 May 2020, twenty three Member States of the European Union concluded the Agreement for the Termination of Bilateral Investment Treaties between the Member States of the European Union (“Agreement”). This Agreement is perceived by its signatories and the European Commission as an implementation of the Achmea Judgment and is aimed at the termination of the FDI protection included in the intra-EU BITs. This article analyzes the Agreement and its potential impact on investment arbitration in the EU.