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The Advocate General calls for additional requirements to be satisfied in order for an individual arbitration agreement in intra-EU investment arbitration to be compatible with EU law
Article Summary: On April 22, 2021, the Advocate General issued an opinion in Case C-109/20, addressing whether an EU Member State can implicitly consent to investment arbitration under an intra-EU BIT by failing to object to a tribunal's jurisdiction. This post examines the Advocate General's reasoning and the opinion's practical implications.
